PRAHLAD GAUR Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision is directed against the judg­ment and order dated 25.10.2007 passed by the Additional Sessions Judge, Court No. 11/Special Judge (Gangster Act), Varanasi, in Criminal Appeal No. 122 of 2007, whereby the order passed by the Juvenile Justice Board, Ram Nagar, Varanasi, dated 27.9.2007 in Case Crime No. 535 of 2007, under Section 3(1) UP. Gangster and Anti Social Activities (Prevention) Act, Police Station Saidpur, District Ghazipur was endored and the appeal was dismissed.

(2.) IT appears from the record that the revisionist was facing trial in Crime No. 535 of 2007, under Section 3(1) U.P. Gangster and Anti Social Activities (Preven­tion) Act. In this case he moved an application for bail before the Juvenile Justice Board, Ram Nagar, Varanasi. That application was rejected. Against that order he preferred an appeal, which was numbered as Criminal Appeal No. 122 of 2007. This appeal was dismissed by the impugned judgment and order dated 25.10.2007 passed by the aforesaid learned Additional Sessions Judge on the ground that in case the appellant is allowed bail, there is every likelihood that he will fall in the company of known criminals of Case Crime No. 330 of 2005, under Sections 302, 504, 506, 120-B, I.P.C. and 7 Criminal Law Amendment Act, Police Station Saidpur, District Ghazipur.

(3.) MR . Nandan argued that the appeal was dismissed on wrong interpretation of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act). According to him, for finding a case for rejec­tion of bail on the ground that the release is likely to bring the delinquent in association with known criminals it must be established that the juvenile will regularly join the company of known criminals. The present instance of only one criminal case cannot fulfill this condition i.e. the association with known crimi­nals.