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Judgment
T.P. Sharma, J.
This is allotted revision u/s 53 of the Juvenile Justice (Care and Protection of Children Act) 2000 against the order dated 10.12.2013 passed by the Special Judge constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Raipur, in Criminal Appeal No. 265/2013, affirming the order dated 29.8.2013 passed by the Juvenile Justice Board, Raipur, in Criminal Case No. 487/13, whereby Juvenile Justice Board has dismissed the application for grant of bail of juvenile offender for the offence punishable under Sections 376 & 506 of the IPC and 3(1)(12) of the Atrocities Act. I have heard learned counsel for the parties, perused both the orders impugned and copy of order-sheet of the Juvenile Justice Board shown by counsel for the applicant during the course of argument.
Learned counsel for the applicant submits that the applicant is student of class 11th and he is required to appear in the examination from 1.3.2014.
On the other hand, leaned Panel Lawyer for the State opposes the revision.
Both the orders impugned do not reflect that in case of release of the applicant whether he is likely to bring 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. In absence of such finding, age of the applicant, the fact that he is student of class 11th and is required to appear in the examination from 1.3.2014, the revision deserves to be and is hereby allowed and the orders impugned are hereby set aside. If the juvenile offender furnishes solvent surety of Rs. 20,000/- to the satisfaction of the Juvenile Justice Board, Raipur for his regular production before the Board and on each and every date of hearing, he be released on bail.
Certified copy today.