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Judgment
Arvind Kumar Tripathi, J.—The present criminal revision has been filed against the order dated 9.7.2008 passed by Sessions judge, Allahabad in Criminal Appeal No. 128/2008, Rajendra Kumar Singh v. State of U.P. dismissing the criminal appeal under section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000, arising out of the order dated 28.5.2008 passed by the Juvenile Justice Board, Allahabad whereby rejected the bail application of revisionist in Case Crime No. 87/2008, under sections 376, 504, 506 IPC and 3(1) (xii) of the SC/ST Act, 1989, P.S. Nawabganj, District, Allahabad.
Heard learned Counsel for the revisionist, learned AGA and perused the record.
Learned Counsel for the revisionist submitted that the juvenile was falsely implicated and the girl was major. Even if there was some physical relation, it appears that she was consenting party because complaint was made after about 56 months. Even according to prosecution case, there was continuous physical relation of the revisionist and the prosecutrix. Apart from the merit of the case, as per report of the Probation Officer there was neither any criminal history of the revisionist nor he was in contact of any unsocial element. He further submitted that he is in jail since 7.4.2008.
In view of the aforesaid facts, considering the provision of section 12 of the Juvenile Justice Act in the interest of justice and considering the welfare of the juvenile revisionist, he is entitled for bail.
Accordingly, revision is allowed.
Let the juvenile revisionist Rajendra Kumar Singh Chauhan be released on bail in Case Crime No. 87/2008, under sections 376, 504, 506 IPC and 3(1) (xii) of the SC/ST Act, P.S. Nawabganj, District Allahabad in custody, supervision and care of his father Sri Raj Kumar Singh @ Bhullur Chauhan on furnishing requisite bond and sureties to the satisfaction of the Juvenile Justice Board with the following conditions. The Juvenile shall be produced before the Court concerned as and when required by the Juvenile Justice Board or the Court concerned as the case may be. He will be kept in care and supervision so he may not repeat any offence or come to contact with the antisocial elements. It will be seen that he will be prevented from taking any drugs or intoxicant and further there would be an appropriate arrangement for his proper care.