Hon’ble Virendra Kumar Dixit, J.—Heard Shri Firoz Ahmad Khan learned counsel for the revisionist and Shri Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State. Perused the lower Court record and other relevant documents on record.

2. This criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been preferred against the judgement and order dated 24.7.2009 passed by learned Special Judge, SC/ST Act, Faizabad in Criminal Appeal No. 65/09 (Shiv Kumar alias Sadhu v. State of U.P.) whereby the appeal was dismissed, confirming the order dated 25.6.2009 passed by learned Juvenile Justice Board, Faizabad in Case Crime No. 559/2008 under Sections 302, 201, 120-B/376, I.P.C. and under Section 3 (2) (v) SC/ST Act, Police Station Bewana, District Ambedkar Nagar in which the prayer for bail made by the revisionist has been rejected.

3. According to prosecution story, the deceased Sunita was having affair with one Amit Kumar Raidas with whom she fled away. In this regard, a report was lodged in Case Crime No. 870/2008 under Section 363/366, I.P.C. Police Station Kotwali Akbarpur, District Ambedkar Nagar. Subsequently, the girl was recovered and given in the custody of her Mausa, (Subhash Chandra). It is alleged that Ram Naval father of Sunita conspired with other co-accused persons for honour killing of her daughter on account of the fact that she was not agreeable to marry according to his wishes. That on 6.10.2008, the revisionist Shiv Kumar alias Sadhu carried co-accused Ran Bahadur alias Rannu Yadav and Pappu Yadav alias Rama Shanker on his motor cycle and went with them on the place of incident where Ram Naval, father of the deceased brought her daughter Sunita on motor cycle from the house of Subhash Chandra (mausa of the deceased) and handed over Sunita to hired criminal/killers. The aforesaid co-accused Ran Bahadur alias Rannu Yadav and Pappu Yadav alias Rama Shanker committed rape on Sunita and thereafter killed her. The F.I.R. was lodged on Case Crime No. 559/2008 under Sections 302, 201, 120-B/376 I.P.C. and under Section 3 (2) (v) SC/ST Act, Police Station Bewana, District Ambedkar Nagar. The prayer for bail of juvenile revisionist Shiv Kumar alias Sadhu was rejected by impugned order dated 25.6.2009 passed by learned Juvenile Justice Board, Faizabad against which an appeal was preferred. By the impugned judgement and order dated 24.7.2009, learned Special Judge, SC/ST Act, Faizabad dismissed the appeal confirming the impugned order dated 25.6.2009 passed by learned Juvenile Justice Board, Faizabad.

4. Learned counsel for the revisionist submitted that revisionist has no concern with the present case and he has been falsely implicated due to village party bandi. That prima facie no case under Sections 302, 201, 120-B/376, I.P.C. and Section 3 (2) (v) SC/St Act is made out against the revisionist. It is further submitted that the provisions of Section 12 of the juvenile Justice (Care and Protection of Children) Act, 2000 were ignored by the learned Juvenile Justice Board as well as by the learned appellate Court while passing the impugned judgement and orders.

5. Learned Additional Government Advocate vehemently opposed the contentions of the revisionist and submitted that there is no illegality or infirmity in the impugned orders.

6. The provisions for bail of juveniles is provided under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the ‘Act’) which is reproduced as under :

(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 being in force, be released on bail with or without surety [or placed under the supervision of a Probation Officer or under