SANJAY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Revision has been filed by the revisionist for quashing and setting aside the judgment and order dated 02.01.2017 passed by District & Sessions Judge, Nainital in Criminal Appeal No. 146 of 2016. It has also been prayed that the applicant/ revisionist may be granted bail in Case Crime No. 226 of 2016, under Section 376 I.P.C. and one punishable under Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Haldwani, District Nainital.

(2.) Learned counsel for the revisionist submitted that revisionist was arrested in connection with Case Crime No. 226 of 2016, under Section 376 I.P.C. and one punishable under Section 3/4 of Protection of Children from Sexual Offences Act, 2012. The revisionist moved the bail application; but, the same was rejected. Learned counsel for the revisionist argued that the order passed by learned District & Sessions Judge, Nainital is incorrect on account that, before rejecting the bail application of the revisionist, the said Court has not considered the plea of the revisionist that he is juvenile.

(3.) Section 12 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, provides that when any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit person: