UDHAM @ DINESH Vs. STATE OF MP

JUDGEMENT

(1.) WITH the consent of both the parties, matter is finally heard.

(2.) THIS criminal revision under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act") is preferred against the order dated 22.6.2005 passed by Additional Sessions Judge, Vidisha in Criminal Appeal No. 147/05, confirming the order dated 25.5.2005 passed by Juvenile Court, Vidisha in Criminal Case No. 7/05, whereby the application of the applicant for his bail was dismissed.

(3.) THE contention of learned counsel for the applicant is that looking to the provisions of section 12 of the Act, the applicant, who is a juvenile, should be released on bail. It is urged that no material is available on record to presume that the release of the applicant on bail would defeat the ends of justice. It is submitted that simply because the applicant is facing trial for offence under section 376 (2) (g) of IPC is no ground to reject the application. It is, therefore, urged that both the Courts below have not properly appreciated the provisions of section 12 of the Act and have erred in rejecting the bail application. Learned P.P. frankly admitted that facing trial of some serious charge by the juvenile itself is no ground for rejection of his bail application.