NARESH KACHI Vs. STATE

JUDGEMENT

(1.) INSTANT revision petition Under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000("Act, 2000") has been filed by petitioner(accused) assailing order dt. 08/02/08 in Cr Appeal No. 7/08 whereby Sessions Judge, Bharatpur upheld the order dt. 13/12/07 of Principal Magistrate, Juvenile Justice Board (CJM), Bharatpur declining bail Under Section 12 of the Act to the petitioner in FIR - 688/07.

(2.) CIRCUMSTANCES leading to instant petition are that FIR -688/07 was registered on a report lodged by Mahavir Singh at police station Bayana (Bharatpur) against petitioner for offences Under Section 302, IPC, wherein he was arrested on 14/11/07 despite being a juvenile delinquent under the Act and since then is in custody. After investigation, charge sheet has been filed for offence Under Section 302, IPC, against him.

(3.) THIS Court has considered contentions of Counsel for the parties and with their assistance, examined material on record. This Court has in details dealt with the Scheme of the Act, 2000, in the judgment delivered today in Criminal Revision Petition No. 1338/2007 Bharat @ Bharat Ram v. State - in view whereof, delinquent juvenile has to be released on bail irrespective of offence alleged to have been committed unless it is shown that there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.