MOHAMMAD MUKHTAR RAINI Vs. STATE OF U P

JUDGEMENT

(1.) This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act') is directed against the order dated 4.6.2012 passed by learned Additional Sessions Judge, Court No. 5, Ghazipur in Criminal Appeal No. 37 of 2012 under Section 52 of the Act and bail rejection order dated 25.5.2012 passed by Juvenile Justice Board (for short the 'Board'), Ghazipur.

(2.) I have heard learned counsel for the revisionist, learned counsel for opposite party no. 2 as well as learned A.G.A.

(3.) It is not disputed that date of birth of the revisionist is 2.8.1994. The date of the alleged incident is 4.9.2011. Thus on the date of the alleged murder he was a little more than 17 years but definitely less than 18 years of age. After declaration of his juvenility an application under Section 12 of the Act was moved before the learned Board. After hearing both the parties, the learned Board on 25.5.2012 rejected the bail application. Before disposing of the bail application, the learned Board had summoned a report from the District Probationary Officer who had given the report that the juvenile in conflict with law was a short tempered boy and he committed the alleged crime on exhortation of his father. It has further been mentioned in the orders of the learned Board that atmosphere and circumstances of the family of the juvenile are not good and there is every likelihood that if he is released on bail he will be exposed to moral, physical and psychological danger. Feeling aggrieved by such order, an appeal under Section 52 of the Act was filed before the court of learned Sessions Judge which was decided on 4.6.2012 by the court of learned Additional Sessions Judge, Court No. 5, Ghazipur. The appeal was dismissed. Feeling aggrieved by such order, the present revision has been filed.