DARPAN Vs. STATE OF U P

JUDGEMENT

(1.) - This revision is preferred by the revisionist Darpan being aggrieved by the judgment and order dated 27 -8 -2005, passed by learned Sessions Judge, Meerut in Criminal Appeal No. 64 of 2005, whereby the appeal has been dismissed and the order dated 16 -7 -2005 passed by Juvenile Justice Board, Meerut in Case Crime No. 97 of 2005, under Sections 377, 506 IPC, P.S. Railway Road, District Meerut, by which the prayer for bail of the revisionist has been refused.

(2.) THE facts, in brief, of this case are that the F.I.R. of the this case has been lodged by one Rinku against the applicant under Sections 377/506 I.P.C. on 21 -6 -2005 at 1.45 p.m. in respect of the incident which had occurred on 20 -6 -2005 at about 11.30 a.m. The allegation against the applicant is that he has committed an unnatural offence with Aakash aged about 5 years on 20 -6 -2005 at about 11.30 a.m. on the roof of his house when its complaint was made by the first informant, a threat was extended to him. The revisionist took the plea of juvenile. He was medically examined by the Chief Medical Officer, Meerut on 25 -6 -2005, as per Medical examination report, he was found aged about 16 years and subsequently he was declared juvenile by the Juvenile Judge on 2 -7 -2005, that order has not been challenged by the State of U.P. or the complainant of this case. The revisionist moved an application before the Juvenile Justice Board, Meerut, with a prayer that he may be released on bail but the bail application of the revisionist has been rejected on 16 -7 -2005 by the Juvenile Justice Board, Meerut. Against that order the revisionist filed Criminal Appeal No. 64 of 2005 the same was dismissed by the learned Sessions Judge, Meerut on 27 -8 -2005.

(3.) IT is contended by the learned Counsel for the revisionist that the impugned orders are illegal because neither the order of the Juvenile Justice Board nor the order of the appellate Court shows that there was any material or substance for believing that the release of the revisionist 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 as envisaged by Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 which reads as under):