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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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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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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