ALLAHABAD HIGH COURT'
G.D. Dube,J.
Nanhu - Applicant
versus
State of U.P. - Respondent
Criminal Misc. Bail
Application No. 5397 of 1990
Decided on 10.5-1990
Counsel for the parties:
Mr. Ambrish Kumar - For the Petitioner
Mr. K. Kaushlendra Yadav A.G.A. - For the Respondent
IMPORTANT POINT
A juvenile has to be released on bail.
Headnote:Indian Penal Code, 1860 - Sections 302, 307,394 and 324 - A juvenile aged about 10 1/ 2 years' old is also involved in Crime No.165 of 1989 - Dacoity Affected Areas Act - Section 10 - Sessions Judge rejected the juvenile's application for bail on ground that bail could not be granted unless no offence was made out - Section 482 - The order of refusal has been assailed on ground "bail cannot be refused to a juvenile" - Section 18 of the Juvenile Justice Act, 1986 deals with" Bail and custody of Juveniles" - Juvenile is entitled to bail as a matter of statutory right - No case has been made out that the release is likely to bring the juvenile-Applicant into association with any known criminal or expose him to moral danger or would defeat the ends of justice - The lower court was obliged to grant bail Whether the impugned order calls for any interference? (Yes) Petitioner is ordered to be released on bail. (Paras 1 to 4)