RAMESH CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri R.P. Mishra, learned Counsel for the applicant, Sri Umesh Verma, learned Additional Government Advocate and perused record.

(2.) THE applicant is involved in Case Crime No. 423 of 2007, under sections 498-A, 304-B, I.P.C. and 3/4 D.P. Act, Police Station Kotwali Bhinga, District Shravasti.

(3.) IT is submitted that this is an un­fortunate case of dowry death wherein all the family members are said to be involved including the husband-applicant. Learned Counsel for the applicant, submits that all the co-accused (father-in-law, mother-in-law, brother-in-law and sister-in-law) have been enlarged on bail. But the bail applica­tion of the applicant was rejected on 23.11.2007 by the Court below mainly on the ground of his being husband. The ap­plicant has now been declared "juvenile in conflict with law" by learned Sessions Judge, Shravasti vide order dated 24.11.2008 (Annexure to supplementary affidavit). Copies of this order have been endorsed to Superintendent District Jail, Bahraich and Juvenile Justice Board, Basti for information. Learned Counsel for the applicant submits that as the applicant had already submitted before this Court and his bail application was pending, no fresh application was moved before the Juvenile Justice Board for seeking bail. He further submits that in view of the specific provi­sions envisaged in the relevant Act [Juvenile Justice (Care and Protection of Children Act, 2000)] he should not be un­necessarily detained alongwith other criminals in jail.