TANWIR ANSARI @ TANMIR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. This criminal revision has been filed against the order dated 30th March, 2013, passed by learned Principal Sessions Judge, Lohardagga in connection with Criminal Appeal No. 28 of 2013 whereby learned Sessions Judge has refused to release the petitioner on bail on the ground that he has kidnapped a minor girl and also committed rape on her.

(2.) It is submitted that the spirit of Section 12 of J.J. Act has not been taken into consideration either by the learned J.J. Board or by learned Principal District & Sessions Judge while passing impugned orders. It is nowhere mentioned that there appear reasonable ground for believing that the release of the petitioner is likely to bring him into association of any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. Furthermore, the petitioner does not have any criminal antecedent. No probation report was called for before passing the impugned order. The father of the delinquent is always ready to take care of the son and he is always ready to furnish surety for release of the petitioner on bail.

(3.) Learned counsel appearing for the State opposed the prayer for bail.