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2009 DIGILAW 1590 (RAJ)

Ashok v. State

2009-07-13

RAGHUVENDRA S.RATHORE

body2009
JUDGMENT 1. - This revision petition has been filed by the petitioner against the order dated 5.5.2009 whereby the application filed by him had been rejected. Thereafter, the petitioner preferred an appeal which was also dismissed by the appellate court on 10.6.2009. 2. The learned appellate court has rejected the appeal primarily on the ground that earlier the learned Additional Sessions Judge (Fast Track) No.2. Jhunjhunu had rejected the application of the petitioner on 8.5.2009 as it was likelihood that he may come in contact with known or unknown criminals, in case he is enlarged on bail. 3. The learned counsel for the petitioner after placing reliance on the order dated 8.5.2009 submitted that in the said order also no cogent reason was given in respect of apprehension that the petitioner may come in contact with criminals, if released on bail. 4. Having heard the learned counsel for the petitioner and on careful perusal of the orders placed on record, I am of the view that the revision petition deserves to succeed. 5. A close scrutiny of provision of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 goes to show that a person may not be released if there appear reasonable grounds for believing that the release is likely to bring him 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. 6. In this case, none of the impugned orders are based on any such reason for not releasing the petitioner on bail which is the requirement under the provisions of law, mentioned above. 7. Consequently, this revision petition is allowed. The impugned orders dated 5.5.2009 and 10.6.2009 are quashed and set aside. It is ordered that the petitioner Ashok s/o. Jai Singh b/c Rajput shall be released on bail to the satisfaction of the trial court.Petition allowed. *******