AJAY Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) The revisionist in the present revision is a juvenile. He is involved in a Case Crime No. 164 of 2015, under Sections 363/366-A and 376 of I.P.C. and 3/4 of POCSO at Police Station Jawalapur, District Haridwar.

(2.) In this case, being a juvenile, the revisionist moved bail application before the Juvenile Justice Board, Haridwar, which was rejected on the ground that there is an apprehension that the revisionist would involve in criminal activities thereafter. Aggrieved by the said order, the revisionist preferred an appeal before the learned Special Judge (POCSO)/Additional Sessions Judge, Haridwar, which was also rejected on the same ground. The consideration of bail of juvenile provided under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, which reads as under:-

(3.) Normally bail should be given to a juvenile, and if there are relevant materials available before the Juvenile Justice Board or the court concerned to show that release of the applicant bring him into association of known criminal or expose him to moral, physical or psychological danger, the same can be denied by the court concerned.