KAMLESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred on behalf of the delinquent juvenile said to be involved in Case Crime No.98 of 2010, under sections 364-A, 302, 201, 120-B I.P.C., P.S. Panki, District Kanpur Nagar, against the judgment and order dated 18.9.2010 passed by the Sessions Judge, Kanpur Nagar, whereby the appeal of the revisionist under section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 was dismissed affirming the order of the Principal Judge dated 20.8.2010. The aforesaid Criminal Appeal No.95 of 2010 (Kamlesh Kumar alias Ankush vs. State of U.P.) arose out of the order dated 20.8.2010 passed by Principal Magistrate/Member, Juvenile Justice Board, Kanpur Nagar. In the aforesaid crime whereby both the courts below rejected the bail application of the revisionist on the ground that there appears to be reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

(2.) The relevant facts are that the F.I.R. at Case Crime no.98 of 2010 under the aforesaid sections 364-A, 302, 201, 120-B I.P.C., P.S. Panki, District Kanpur Nagar was lodged on 19.3.2010 at 4.45 P.M. by one Sri Suraj Kumar against unknown accused, to the effect that one Pawan Kumar aged about 25 years on 14.3.2010 at 6.00 P.M. had gone by motorcycle from his house but he did not come back till 15.3.2010. Thereafter his search was made by the complainant thus it came to light that his brother, victim Pawan Kumar had received an information on two mobile phones that some unknown persons had kidnapped him for ransom. The involvement of the revisionist came to light during investigation. The revisionist was working as a gardener at a Farm House where murder of aforesaid Pawan Kumar is alleged to have taken place. The allegations against the revisionist are that he helped co-accused person in making entry in the said Farm of the same House where the deceased Pawan Kumar was called for drinking and for joining with girl. The dead-body was dragged out from inside the Farm House and a sum of Rs.30,000/- was recovered from the revisionist.

(3.) The Juvenile Justice Board, Kanpur Nagar found the age of the revisionist Kamalesh Kumar alias Ankush below 18 years of age on the date of occurrence and he was declared juvenile and transferred to observation home. The bail application was rejected by the Juvenile Justice Board, Kanpur Nagar, vide order dated 20.8.2010. Against the said order the matter was taken in the aforesaid criminal appeal seeking bail before the Court of Sessions Judge, Kanpur Nagar. The said appeal was also dismissed.