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Sanjay Chaurasia Son Of Sharda ... vs State Of Uttar Pradesh And Vimal ... on 4 May, 2006
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4. The revisionist claimed himself to be juvenile under the provisions of Juvenile Justice (Care and Protection of Children,) Act, 2000, here-in-after referred to as 'Act. Thereafter he was declared juvenile on 26.5.2005 by learned Addl. Sessions Judge, Court No. 2, Ghaziabad and the matter was referred to the Juvenile Justice Board, Meerut where the revisionist moved an application for releasing him on bail under Section 12 of the Act, the same was rejected by the Beard on 28.5.2005. Being aggrieved by that order, the revisionist filed Criminal Appeal No. 46 of 2005 In the court of learned Sessions Judge, Meerut, the same was dismissed on 27.6.?005 and affirmed the order dated 28.5.2005 passed by learned Juvenile Board, Meerut. Being aggrieved by the order dated 27.6.2005, passed

6. It is contended by the learned Counsel for the revisionist that in the present case, the applicant has been declared Juvenile by learned Additional Sessions Judge, Court No. 2, Ghazlabad on 26.5.2005, the applicant is entitled for bail under the provisions of Section 12 of the Act but the learned Juvenile Justice Board and learned Sessions Judge, Meerut have re fused the ball without considering the proper provision of Section 12 of the Act and no proper reason has been shown for refusing the ball of the revisionist, Co-accused Sonu @ Mohit has been released On ball by this Court on 9.5.2005 in Crl. Misc. Bail Application No. 5335 of 2005 and co-accused Surya Narain Singh has has also boon released on ball by this Court on 8.4.2005 in Crl. Misc. Bail Appl. No. 6381 of 2005. on merit the case of the applicant

8. Considering the facts and circumstances of the case and the submissions made by the learned Counsel for the revisionist and learned A.G.A. and from perusal of the record, It appears that the revisionist has been declared juvenile and for the purposes of ball, the provisions of Section 12 of the Act are available in the Act. Section 12(1) of the Act reads as follows- (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

9. According to Sub-section (1) of Section 12 of the Act, a juvenile shall be released on ball with or without surety notwithstanding anything contained in the Code of Criminal Procedure, 1973 or In any other law for the time being in force, the first part of the provision appears to be mandatory In nature for releasing on bail but the second part is equally appears to be mandatory for refusing the bail as a Juvenile shall not be so released if there appears reasonable grounds for believing that;