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2006 DIGILAW 1289 (MP)

Rajendra v. State of M. P.

2006-11-14

RAKESH SAKSENA

body2006
ORDER 1. Applicant has filed this revision under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the order dated 19.9.2006 passed by Sessions Judge, Betul in Criminal Appeal No. 92/06, whereby the order passed by Principal Juvenile Magistrate, Betul on 1.9.2006, rejecting his bail application in Crime No. 195/06 was affirmed. 2. The applicant is facing trial in Crime No. 329/06 registered under section 302, 201 and 149 IPC. It is said that on 22.5.2006 applicant alongwith seven other accused persons committed murder of Vijay Kumar. Applicant was arrested on 30.5.2006. Learned Magistrate found the age of the applicant to be 17 years. 3. Learned counsel for the applicant submits that if the applicant, who is the student of class 12th is not enlarged on bail for a long period, his future career shall be ruined. He submits that all the other accused persons have already been granted bail. There is no ground to entertain any apprehension that the release of the applicant will bring him into contact with any known criminal or otherwise bring him to any moral, physi~a1 or psychological danger. He further submits that in the present case there is no direct evidence. The case rests only on the circumstantial evidence. 4. Learned counsel for the State, on the other hand, submits, that before the incident, applicant had misbehaved with a girl in the marriage, wherein deceased had beaten the applicant; thereafter the dead body of deceased was found lying on a Railway track, and on the information of the applicant an axe and blood stained shirt was recovered. 5. Perusal of the record shows that there is no direct evidence in the case. Other accused have already been released on bail, applicant had been the student of class 12th, sister of applicant viz. Smt. Prabha Bhalavi has filed an affidavit that she will take care of the applicant if he is released on bail. Since there is no school in the village, the applicant was study in Betul. She will not permit the applicant to come into contact of any known criminal or other unsocial elements. 6. Smt. Prabha Bhalavi has filed an affidavit that she will take care of the applicant if he is released on bail. Since there is no school in the village, the applicant was study in Betul. She will not permit the applicant to come into contact of any known criminal or other unsocial elements. 6. Besides above, there is no other material to indicate that if the applicant is enlarged on bail, there would be any apprehension that he would come into association of any known criminal or his release would expose him to moral, physical or psychological danger. 7. In view of the above circumstances, I am of the opinion this revision deserves to be allowed. Accordingly, the impugned order passed by the Court below is set aside. It is directed that the applicant be released on bail on the condition of his sister, viz. Smt. Prabha Bhalavi furnishing a surety bond in the sum of Rs. 15,000/- to the satisfaction of concerned Juvenile Court, for his appearance during the enquiry/trial.