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Mahendra Kumar vs State on 23 October, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 668/2019

Mahendra Kumar S/o Piraram, Aged About 14 Years, B/c Bagari,
R/o Detakala, P.S. Sayla, Distt. Jalore, Rajasthan through His
Natural Guardian Uncle Dudaram S/o Kasturaram , B/c Bagari,
R/o Detakala P.S. Sayla, Distt. Jalore
(Presently Lodged In Observation Home, Juvenile Justice Board,
Jalore)

—-Petitioner
Versus

1. State of Rajasthan

2. Smt. Rekha Devi W/o Shri Lilaram Vaghri, aged about 34
years, R/o Deta Kalla, Sayala, Jalore, Rajasthan.

—-Respondent

For Petitioner(s) : Mr.Shreekant Verma, Adv.
For Respondent(s) : Mr.Farzand Ali, AAG assisted by
Mr.A.R.Choudhary, PP

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

23/10/2019

Heard learned counsel for the petitioner (juvenile- through

his natural guardian uncle Dudaram S/o Kasturaram) as well as

learned Public Prosecutor appearing on behalf of the respondent-

State.

The allegation against the petitioner is of offence under

Sections 377 IPC and Section 3/4 POCSO Act. The bail application

filed by the petitioner under Section 12 of the Juvenile Justice

(Care and Protection of Children). Act, 2015 before the Principal

Magistrate, Juvenile Justice Board, Jalore was rejected vide order

dated 09.05.2019. Being aggrieved by the said order, an appeal

was filed by the petitioner before the learned Special Judge

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(POCSO Act Cases), Jalore and the same has been dismissed by

learned Special Judge vide order dated 16.05.2019 .

Being aggrieved of the orders dated 09.05.2019 and

16.05.2019 passed by the Courts below, the petitioner has

preferred this revision petition before this Court.

Learned counsel for the petitioner submits that there is no

evidence to show that if the juvenile-petitioner is released on bail,

then his release is likely to bring him into association with any

known criminal, or expose them 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 fully ignored

the provisions of the Act of 2015. The petitioner is in custody

since long time 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.

On the other hand, learned Public Prosecutor defended the

impugned order passed by the Juvenile Justice Board in declining

the bail to the petitioner as also the judgment passed by the

Appellate Court upholding the order passed by the Juvenile Justice

Board.

I have carefully considered the submissions made by the

learned counsel for the parties and also perused the provisions of

the Act of 2015.

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(3 of 4) [CRLR-668/2019]

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.

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 09.05.2019 passed by the Principal

Magistrate, Juvenile Justice Board, Jalore as well as order dated

16.05.2019 passed by learned Special Judge, (POCSO Act Cases),

Jalore declining bail to the petitioner is hereby set aside.

Accordingly, it is ordered that the juvenile accused-petitioner

Mahendra Kumar S/o Piraram shall be released on bail in FIR

No.60/2019, P.S. Sayla, District Jalore upon furnishing personal

bond by his natural guardian uncle Dudaram S/o Kasturaram in

the sum of Rs.1,00,000/- each along with a surety in the like

amount to the satisfaction of learned Principal Magistrate, Juvenile

Justice Board, Jalore with the stipulation that on all subsequent

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(4 of 4) [CRLR-668/2019]

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 him away from the company of known

criminals.

(MANOJ KUMAR GARG),J

216-NK/-

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