NANHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned Counsel for the applicant, complainant and the A.G.A. 2. It has not been disputed that the applicant is a juvenile and is aged about ten and-a-half years old. The learned sessions Judge has rejected the bail on the ground that under section 10 of the Dacoity Affected Areas Act the bail cannot be granted unless no offence is made out. This view of the learned Judge is not correct. Section 18 of the Juvenile Justice Act, 1986 reads as Under: 18. Bail and custody of Juveniles. - (1) When any person accused of a bailable or non- bailable offence and apparently a juvenile is arrested or detained or appears or is brought before a juvenile court, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice.

(2.) When such person having been arrested is not released on bail under sub section (1) by the officer-in-charge of the police station, such officer shall cause him to be kept in an observation home or a place of safety in the prescribed manner ((but) not in a police station or jail) until he can be brought before a juvenile court. (3) When such person is not released on bail under-sub-section (1) by the Juvenile Court it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order.

(3.) The above quoted section clearly provides that not withstanding any thing contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, a Juvenile be released on bail Thus this provision over rides not only the provisions of Code of Criminal Procedure but any other law in force. This special law will prevail over the general law of section 10 of the Dacoity Affected Areas Act. The only grounds on which bail can be refused under Section 18 of the aforesaid Act are that the release is likely to bring the Juvenile into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. In this matter, not such case has been made out either by learned counsel for the complainant or the State. In these circumstances the only course open to the lower court was to grant bail to the applicant, the application in allowed.