AZEEM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The criminal revision has been filed by the revisionist for setting aside the judgment and order dated 07.04.2018 passed by the Special Judge, POcSo/Additional Sessions Judge, Haridwar in Criminal Appeal No. 51 of 2018, "Azeem Vs. State of Uttarakhand" whereby the order dated 26.03.2018 passed by the Juvenile Justice Board has been affirmed. It has also been prayed that the applicant/revisionist be granted bail in Case Crime No. 78 of 2018, under Sec. 147, 148, 149, 307, 323, 504, 506 of I.P.C., Sec. 7 of the Criminal Law Amendment Act and Sec. 3(1)^ and of S.C./S.T. Act, registered at P.S. Bhagwanpur, District Haridwar.

(2.) Learned counsel for the revisionist submitted that revisionist was arrested in connection with Case Crime No. 78 of 2018, under Sec. 147, 148, 149, 307, 323, 504, 506 of I.P.C., Sec. 7 of the Criminal Law Amendment Act and Sec. 3(1)(n) and ^ of S.C./S.T. Act. The revisionist moved the bail application before the learned Juvenile Justice Board; but, the same was rejected. Learned counsel for the revisionist submitted that the findings recorded by the Courts below are perverse and the impugned judgment and order is not sustainable in the eyes of law. He further submitted that the main accused is major and is already been granted bail.

(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: