RAJA (MINOR) Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Revision has been filed challenging the order dated 16.02.2017 passed by the learned Sessions Judge, Etah in Criminal Appeal No. 3 of 2017 [Raja (Minor) Vs. State of U.P.] and also the order dated 13.01.2017 passed by the Juvenile Justice Board, Etah in Bail Application No. 02 of 2017 arising out of Case Crime No. 804 of 2016, under sections 376 Penal Code and 4 Protection of Children From Sexual Offences Act, Police Station Jalesar, District Etah, whereby the bail application of the revisionist has been rejected.

(2.) Learned counsel for the revisionist has stated that while rejecting the bail application and criminal appeal of the revisionist, the learned courts below have failed to taken into account the provision of Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

(3.) Learned counsel for the revisionist has also relied upon the judgement of this Court in the case of Sunil Kumar Yadav (Juvenile Delinquent) Vs. State of U.P decided on 27.11.2014 and the judgment rendered by this Court in the case of Ranjeet Yadav Vs. State of U.P. and another, reported in 2015 (7) ADJ 65 and stated that the gravity of the offence cannot be the basis for determining the grant or rejection of bail application by the learned courts below, in case of a juvenile found in conflict with the law.