HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 528/2019
Vishnu Kumar S/o Shri Poonam Chand, By Caste Valmiki, Minor,
Through His Natural Guardian, Father, Poonam Chand S/o Shri
Mangatu Ram, B/c Valmiki, Aged about 33 years, R/o Momasar
Bass, Sri Dungargarh, District Bikaner. (Confined In Children
Home, Bikaner
—-Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Vijay Kumar S/o Naina Ram, By Caste Valmiki, Resident
Of Ward No. 4, Momasar Bass, Sri Dungargarh, Distt.
Bikaner.
—-Respondents
For Petitioner(s) : Mr Sanjay Pandit
For Respondent(s) : Mr. SS Rajpurohit, PP
Mr. KR Bhati
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
02/07/2019
Heard learned counsel for the petitioner (juvenile- through
his natural guardian father Poonam Chand) as well as learned
Public Prosecutor appearing on behalf of the respondent-State and
counsel for the respondent No.2-complainant.
The allegation against the petitioner is of offence under
Sections 377 IPC and Section 3/4 of POCSO Act. The bail
application filed by the petitioner under Section 12 of the Act of
2015 before Principal Magistrate, Juvenile Justice Board, Bikaner
was rejected vide order dated 18.04.2019. Being aggrieved by the
said order, an appeal was filed by the petitioner before the learned
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Special Judge (POCSO Act Cases), Bikaner and the same has been
dismissed by learned Appellate Court vide impugned order dated
23.04.2019.
Being aggrieved of the orders dated 18.04.2019 and
23.04.2019 passed by the Courts below, the petitioner has
preferred this revision petition before this Court.
Learned counsel for the petitioner vehemently submitted that
the petitioner has falsely been involved in this case and the
petitioner is below 18 years of age. Further 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 and learned
counsel for the respondent No.2-complainant 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.
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I have carefully considered the submissions made by the
learned counsel for the parties and also perused the provisions of
the Act of 2015.
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 18.04.2019 passed by the Principal
Magistrate, Juvenile Justice Board, Bikaner as well as order dated
23.04.2019 passed by learned Special Judge (POCSO Act Cases),
Bikaner, declining bail to the petitioner are hereby set aside.
It is ordered that the juvenile accused-petitioner Vishnu
Kumar S/o Shri Poonam Chand, shall be released on bail, upon
furnishing a personal bond by his natural guardian (father Poonam
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Chand), in the sum of Rs. 1,00,000/- along with a surety in the
like amount to the satisfaction of learned Principal Magistrate,
Juvenile Justice Board, Bikaner; with the stipulation that on all
subsequent 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 their guardian shall keep proper look after of the
delinquent child and secure them away from the company of
known criminals.
(MANOJ KUMAR GARG),J
65-MS/-
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