Govind Meghwal (Juvenile) ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 4690 MP

1                             Cr.R.No.370/2022
                     (Govind Meghwal Vs. State of M.P.)

Indore : Dated 1.4.2022
         Shri Gaurav Shrivastava, learned counsel for the applicant.
         Ms. Mamta Shandilya, learned Govt.Advocate for the
respondent/State.

This criminal revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short the Act) r/w Section 397/401 of Code of Criminal Procedure against the judgment dated 12.1.2022 passed by learned 2 nd Addl.Sessions, Judge, Agar in Cri.Appeal No.1/2022 confirming the order dated 17.12.2021 passed in Cri.Case No.57/2021 by the learned Principal Magistrate, Juvenile Justice Board, Agar Malwa, whereby application for grant of bail/Supurdnama has been rejected.

The applicant has been arrested by the Police Station, Susner, District Agar Malwa in connection with Crime No.378/2021 for the offences punishable under Sections 376(ab), 376(3), 376(2)(j), 363 of IPC and3/4, 5M/6, 9m/10 of the Protection of Children from Sexual Offences Act.

Prosecution story in brief, is that on 11.11.2021 at about 12.00 Noon, applicant/delinquent juvenile committed an aggravated penetrative sexual assault upon the minor prosecutrix aged about five years.

Learned counsel for the applicant submits that applicant is minor boy aged about 17 years. Applicant is in observation home since 11.11.2021 and there is nothing against him in the report

(Govind Meghwal Vs. State of M.P.)

submitted by the Probation Officer. Trial will take sufficient long time, therefore, in view of the mandatory provisions for bail under the Act, the applicant is entitled for grant of bail/Supurdnama to his father. In such circumstances, it is prayed that this criminal revision may be allowed by setting aside the orders of the Courts below.

Learned counsel for the respondent/State has opposed the revision.

I have gone through the report of the Probation Officer, which is attached with the case diary. Accordingly to which, conduct and behaviour of the applicant is good and there is nothing adverse against him.

Having regard to the report of the Probationary Officer and age of the applicant and the prosecutrix, this Court is of the considered view that the applicant is entitled for grant of bail/Supurdnama.

Accordingly, this revision is allowed and impugned order dated 17.12.2021 passed in Cri.Case No.57/2021 passed by the learned Principal Magistrate, Juvenile Justice Board, Agar Malwa is set aside.

It is directed that if the guardian of the present applicant furnishes a personal bond in the sum of Rs.50,000/- (rupees Fifty Thousand only) and a solvent surety of the like amount to the satisfaction of the Juvenile Court with an undertaking that the guardian will take care of the juvenile in conflict with law and also take care that he will not indulge in any kind of criminal activity, the custody of the applicant be handed over to his guardian.

(Govind Meghwal Vs. State of M.P.)

This revision stands allowed and disposed of. C.c.as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.04.01 18:08:08 +05'30'