HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 201/2021 Badal S/o Chagan Lal, Aged About 17 Years, Through Legal Guardian Father Sh. Chagan Lal S/o Huka Ji R/o Yadav Basti Bhinda, P.s. Dhambola, Dist. Dungarpur. (Confined In Children Home, Dungarpur).
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Vir Ji S/o Nana, R/o Bhinda Falan Waka Khanda, P.s.
Dhambola, Dist. Dungarpur.
----Respondents For Petitioner(s) : Mr. Manoj Pareek through V.C. For Respondent(s) : Mr. Laxman Solanki, P.P.
Mr. Anuj Sahlot through V.C.
HON'BLE MR. JUSTICE ARUN BHANSALI Order 13/05/2021 The allegation against the petitioner is of offences under Sections 363 and 305 IPC and Section 16 and 17 of the POCSO Act. The bail application filed by the petitioner under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 ('the Act of 2015') before learned Principal Magistrate, Juvenile Justice Board, Dungarpur was rejected vide order dated 04.02.2021.
Being aggrieved by the said order, an appeal was filed by the petitioner before the Special Judge, POCSO Act, Dungarpur and the same has been dismissed vide impugned order dated 15.02.2021.
(Downloaded on 18/05/2021 at 08:30:47 PM)
(2 of 4) [CRLR-201/2021]
Being aggrieved of the orders dated 04.02.2021 and
15.02.2021 passed by the learned courts below, the petitioner has preferred this revision petition before this Court.
Learned counsel for the petitioner submits that the Challan of the case has already been presented in this case. Petitioner is below 18 years of age and there is no evidence to show that if the juvenile-petitioner is released on bail, then his release is likely to bring them 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. It is argued that learned Courts below have not appreciated the fact that the petitioner is juvenile and entitled to get benefit of provisions of the Act of 2015. Section 12 of the Act of 2015 clearly provides that if the accused is juvenile, then he should be released on bail, but learned Courts below totally ignored the provisions of the Act of 2015. The petitioner is in custody since 23.01.2021 and no further detention of the petitioner is required for any purpose. Learned counsel for the petitioner further submitted that the gravity of the offence committed cannot be a ground to decline bail to a juvenile.
It is further submitted by learned counsel for the petitioner that the report of the probation officer has already been received and from the charge-sheet itself there is no material available to connect the petitioner with the suicide committed by the deceased.
On the other hand, learned Public Prosecutor defended the impugned order passed by the learned Juvenile Justice Board in declining the bail to the petitioner as also the judgment passed by (Downloaded on 18/05/2021 at 08:30:47 PM) (3 of 4) [CRLR-201/2021] the Appellate Court upholding the order passed by the learned Juvenile Justice Board.
Learned counsel for the complainant also opposed the petition.
I have carefully considered the submissions made by the learned counsel for the parties and also perused the provisions of the Act of 2015.
The language of Section 12 of the Act of 2015 conveys the intention of the Legislature to grant bail to the juvenile, irrespective of nature or gravity of the offence, alleged to have been committed by him and bail can be denied only in the case where there appears 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 ends of justice.
In this context, I have also scanned through and perused the orders passed by the courts below as well as the report of the probation officer.
Having carefully examined provisions of the Juvenile Justice Act vis-a-vis the orders passed by the courts below, I do not find that any of the exceptional circumstances, to decline bail to a juvenile, as indicated in Section 12 of the Act of 2015, is made out.
In view of the aforesaid discussion, this revision petition is allowed and the order dated 04.02.2021 passed by the learned Principal Magistrate, Juvenile Justice Board, Dungarpur as well as order dated 15.02.2021 passed by Special Judge, POCSO Act, Dungarpur, rejecting the appeal, are hereby set aside. (Downloaded on 18/05/2021 at 08:30:47 PM)
(4 of 4) [CRLR-201/2021] It is ordered that the juvenile accused-petitioner Badal S/o Chagan Lal (Juvenile) - through his natural guardian father (Sh. Chagan Lal S/o Huka Ji), shall be released on bail in relation to FIR No.25/2021 Police Station Kotwali Dungarpur, District - Dungarpur, upon furnishing a personal bond by his natural guardian (father Sh. Chagan Lal S/o Huka Ji) in the sum of Rs.1,00,000/- along with a surety in the like amount to the satisfaction of learned trial court; with the stipulation that on all subsequent dates of hearing, he shall appear before the said court or any other court, during pendency of the investigation/trial in the case and that his guardian shall keep proper look after of the delinquent child and secure them away from the company of known criminals.
(ARUN BHANSALI),J 100-PKS/-
(Downloaded on 18/05/2021 at 08:30:47 PM) Powered by TCPDF (www.tcpdf.org)