Sunil Kumar S/O Kalla vs State Of Rajasthan
2021 Latest Caselaw 7238 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 1270/2021

Sunil Kumar S/o Kalla, Aged About 14 Years, R/o Village Sahroli,
Police Station Saipau, District Dholpur (Raj.) Through Natural
Guardian Father Kalla S/o Shiv Singh R/o Village Sahroli, Police
Station Saipau, District Dholpur (Raj.)
(At Present Detained In The Child Reform Centre, Dholpur)
                                                        ----Accused-Petitioner
                                   Versus
1.      State Of Rajasthan, Through P.P.
                                                                  ----Respondent

2. Smt. Bharti W/o Nabal Kishore, R/o Village Sehroli, Police Station Saipau, District Dholpur

----Complainant-Non-Petitioner

For Petitioner(s) : Mr. Yogesh Singhal For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

06/12/2021

Petitioner through his natural guardian (father) has filed this

revision petition under Section 102 of the Juvenile Justice (Care

and Protection of Children) Act, 2015 (hereinafter referred to as

"the Act") against the order dated 29.09.2021 passed by the

Court of Special Judge, Protection of Children from Sexual

Offences Act & Protection of Child Right Commission Act, Dholpur

in Criminal Appeal No.17/2021, affirming the order dated

22.09.2021 passed by the Court of Principal Magistrate, Juvenile

Justice Board, Dholpur, whereby the application of the accused-

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petitioner seeking his release on bail under Section 12 of the Act,

was dismissed.

It has been submitted by learned counsel for the petitioner

that the petitioner has been falsely implicated in the case. He is

below fourteen years of age. Report of the Probation Officer under

Section 12 of the Juvenile Justice Act(hereinafter referred to as

"the Act") has been received, which is not adverse to the

petitioner. Under Section 12 of the Act, the gravity of offence is

not a relevant factor for grant of bail to the petitioner. There is no

evidence on record to connect the petitioner with the crime. He is

in judicial custody since 08.09.2021. Conclusion of inquiry may

take long time. Therefore, it is prayed that the petitioner may be

given benefit of bail.

Learned counsel has placed reliance on following

judgments :-

1. Sorabh v. State of Rajasthan (RHC) (S.B. Criminal Revision Petition No.1108/2020, decided on 23.10.2020)

2. Sachin v. State of Rajasthan and anr. (RHC) (S.B. Criminal Revision Petition No.618/2020, decided on 03.11.2020)

Learned Public Prosecutor has opposed the petition and has

submitted that age of the victim is four years and the medical

report also supports the prosecution version.

It is further submitted that the charge-sheet has been filed

for offence under Sections 342, 363, 376(AB), 376(2)(j) of IPC

and Section 3(B)/4, 5(I)/6 of the POCSO Act. Report of the

Probation Officer also clearly states that the cause of offence was

wrong company and lack of moral and social education of the

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juvenile in conflict with law. Hence, it is prayed that the petition

may be dismissed.

Heard learned counsel for the parties and perused the record

as well as Report of the Probation Officer under Section 12 of the

Act.

Looking to the overall facts and circumstances of the case,

evidence available on record and age of the victim (four years), if

the petitioner/juvenile is released on bail, there are reasonable

grounds to believe that his release is likely to bring him into

association with known criminal, expose him to moral, physical or

psychological danger and would defeat the ends of justice,

therefore, no ground is made out to allow the revision petition and

the same is liable to be dismissed.

Dismissed.

(MANOJ KUMAR VYAS),J

Hemant/4

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