RAHUL Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant has filed this application under section 482 Cr.P.C. with the prayer that his bail be directed to be considered by the CJM, Mathura as Juvenile Justice Board is not functioning in District Matura because one of it's member has resigned.

(2.) FROM the facts it seems that the applicant is an accused for offence under section 401 IPC which means that the allegations against him that he belongs to a gang of thieves. He is alleged to have been apprehended on the intervening night of 16/17-7-2006 at about 1.45 AM and FIR against him was lodged by R.S. Malik, Sub Inspector of police PS Kotwali District Mathura at 3.15 AM on17.7.2006 as crime number 394 of 2006.

(3.) LEARNED counsel for the applicant has mainly argued that there is no bar in Cr.P.C. under section 437 for considering the bail of a juvenile if the Juvenile Justice Board is not functioning. He further contended that under section 437 Cr.P.C. it is provided that if the accused is less than 16 years of age then he may be released on bail by the Magistrate.