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Judgment
J.C. Gupta, J.—Heard applicant''s Counsel and the learned A.G.A.
This revision is directed against the order, dated 19.6.2002 passed by Lower Appellate Court dismissing appeal filed against the order, dated 17.5.2002 passed by Sri V. S. Patel, Juvenile Court/A.C.J. M.I., Sitapur.
It is an undisputed fact that applicant is a Juvenile as per the definition given in section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000. The applicant applied for bail under section 12 before the Juvenile Court but the same was rejected by the order, dated 17.5.2002 simply on the ground that if the applicant is released on bail he would try to win over witnesses in association with other accused persons.
Appellate Court has upheld the order of the learned Magistrate. The applicant is the husband of deceased whose marriage was performed on 15.4.2000 as per the prosecution case.
Learned Counsel for the applicant in revision submitted before the Court that under the provisions of section 12 of the aforesaid Act a Juvenile is entitled to be released on bail as of right unless his case is covered by any of the three exceptions as provided under section 12. Those exceptions are
(a) if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal.
(b) if there appears reasonable ground for believing that the release is likely to expose his moral, physical or psychological danger; or
(c) that if there appears that his release would defeat the ends of justice.
It is submitted that the ground on which bail has been refused to the application by the Courts below does not fall under any of the above exceptions. The Court finds force in this submission of the learned Counsel.
In the circumstances and for the reasons stated above, this revision is allowed. The impugned orders are set aside and it is directed that applicant shall be released on bail by concerned Juvenile Magistrate on such terms and conditions as may be imposed by it.
Revision Allowed.