IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL REVISION No.135 of 2008 Amar Singh (minor) S/o Suresh Kumar … Revisionist Versus State of Uttarakhand … Respondent Dated: November 6, 2008 Sri D.C.S. Rawat, Adv. for the revisionist Sri Harish Pujari, learned Addl.G.A. for the State/respondent HON. DHARAM VEER, J. This criminal revision has been preferred under Section 53 of The Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as the Act) against the judgment and order dated 3.7.2008 passed by Sessions Judge, U.S. Nagar in Crl. Appeal No.35 of 2008, Amar Singh (minor) Vs. State, whereby the appeal filed by the revisionist/appellant against the judgment and order dated 17.6.2008 passed by Juvenile Justice Board, U.S. Nagar, was dismissed and order dated 17.6.2008 was confirmed. 2. In brief the case of the prosecution is that the revisionist is in jail in connection with case crime No.128 of 2008 u/s 302/120-B of the Indian Penal Code, 1860 (hereinafter to be referred as IPC) at P.S. Rudrapur. The application of bail of the revisionist was rejected by the Juvenile Justice Board, U.S. Nagar as well as by learned Sessions Judge, U.S. Nagar on the ground that if he would be released on bail, then he would again go in association with criminals and there are chances that he would again be involved in the criminal activities and by doing so, it would adversely affect on his moral, physical and psychological character. 3. Before further discussion, Section 12(1) of the aforesaid Act is relevant to mention here which is reproduced as under: - 12 (1) When any person accused of a bailable or non- bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if 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. 4. Learned counsel for the revisionist submitted that the revisionist was declared juvenile by the order of Juvenile Justice Board, U.S. Nagar dated 10.6.2008 and against this order, no appeal has been filed by the State. Learned counsel for the revisionist has also filed an affidavit of father of the revisionist today before the Court and in para 5 of the said affidavit, it has been stated that deponent is giving undertaking before this Hon’ble Court that if the revisionist is released on bail, he will not associate with any known criminal which expose him to moral, physical and psychological danger. 5. In Section 12(1) of the said Act quoted above, it is specifically mentioned that if the juvenile is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if 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. Learned counsel for the revisionist submitted that the revisionist may be given in the Supurdgi of his father and there is no chance or reasonable ground for believing that after the release, the revisionist will go in the association with any known criminal or expose him to moral, physical or psychological danger. The State has filed its counter affidavit and it has not been specifically stated that what are those circumstances which may bring the revisionist into the association of any known criminal or expose him to moral, physical or psychological danger. Even otherwise, the Juvenile Justice Board as well as Sessions Judge, U.S. Nagar have not given any specific reason for believing that after the release, the revisionist will go in the association with any known criminal or expose him to moral, physical or psychological danger. 6. After considering all the facts and circumstances, this Court is of the view that the revisionist deserves bail as per Section 12(1) of the Act at this stage. As such the revision is allowed. The order dated 17.6.2008 passed by Juvenile Justice Board as well as judgment and order dated 3.7.2008 passed by Sessions Judge, U.S. Nagar, are hereby set aside. Let the revisionist Amar Singh (minor) be released on bail and be given in the custody of his father Sri Suresh Kumar, if the father of the revisionist furnishes a personal bond and also furnishes two sureties with his personal undertaking that he will not allow the revisionist to go in the association with any known criminal or expose him to moral, physical or psychological danger, to the satisfaction of Juvenile Justice Board, U.S. Nagar. (Dharam Veer, J.) November 6, 2008 Rajeev Dang