Madhya Pradesh High Court
Vidhi Ka Ulanghan Karne Wala Balak vs The State Of Madhya Pradesh on 14 September, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 2086/2021
Vidhi Ka Ullanghan Karne Wala Balak Vs. State of MP and Anr.
Gwalior, Dated : 14-09-2021
Shri Anurag Sharma, counsel for applicant.
Shri C.P. Singh, counsel for State.
This criminal revision under Section 102 of Juvenile Justice
(Care and Protection of Children) Act, 2015 (in short "Act, 2015")
has been filed against the order dated 24.08.2021 passed by Fifth
Additional Sessions Judge/Special Judge (POCSO Act), Bhind in
Criminal Appeal No.50/2021, thereby affirming the order dated
05.08.2021
passed by Juvenile Justice Board, Bhind in Crime No.
160/2021 registered at Police Station Gohad Chauraha, district
Bhind, by which the application filed by the applicant under Section
12 of the Act, 2015 has been rejected.
It is submitted by counsel for the applicant that in the light of
provisions of Section 12 of the Act. 2015, the gravity of offence
cannot be a criteria to reject the bail application and the bail can be
rejected only if there is a possibility of his coming into contact with
known criminals or there is possibility of exposure of the child in
conflict with law to psychological, physical and moral danger or
grant of bail is not in the interest of justice. However, the application
has not been rejected after applying the correct proposition of law.
Per contra, it is submitted by counsel for State that the report of
Probation Officer has also been received and the case diary is
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 2086/2021
Vidhi Ka Ullanghan Karne Wala Balak Vs. State of MP and Anr.
available. According, to the prosecution case, the applicant had
committed rape on the prosecutrix and had also extended a threat that
he would make her obscene photographs viral and when the applicant
started blackmailing the complainant, then the FIR was lodged.
In reply, it is submitted by counsel for applicant that as per
report of Probation Officer, it is clear that the applicant is of sensitive
nature and he has no criminal background and he can be looked after
by his family members as no negatives comments have been given by
any neighbor.
Heard learned counsel for the parties.
According to prosecution case, the applicant had raped a minor
girl aged about 17 years and on the threat of making her obscene
photograph rivals, she was blackmailing. Thus, it is clear that the
applicant is already exposed to moral, physical and psychological
danger. Committing rape of a minor girl and thereby blackmailing her
cannot be said to be an act with the consent of prosecutrix.
Looking to the allegations made against the applicant, this
Court is of the considered opinion that not only the applicant is
already exposed to moral, physical and psychological danger but also
the grant of bail would not be in the interest of justice.
Accordingly, the judgment dated 24/08/2021 passed by Fifth
Additional Sessions Judge/Special Judge (POCSO Act), Bhind in
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 2086/2021
Vidhi Ka Ullanghan Karne Wala Balak Vs. State of MP and Anr.
Criminal Appeal No. 50/2021 and the order dated 05/08/2021 passed
by Principal Magistrate, Juvenile Justice Board, Bhind in Crime No.
No. 160/2021 are hereby affirmed.
This revision fails and is hereby dismissed.
(G.S. Ahluwalia)
Judge
Abhi
ABHISHEK
CHATURVEDI
2021.09.16
11:43:39 +05'30'
