FULURAM Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS revision arises out of order dated 13.10.2014 passed in appeal by Additional Sessions Judge (FTC), Kawardha whereby the applicant's appeal against rejection of his application for grant of bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (for short 'the Act of 2000') has been rejected. Offence under Section 376, 450, 341 IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012 (for short 'PASCO Act') has been registered against the applicant. The applicant is stated to be a 16 years old tribal boy. The allegation against the applicant is that the applicant had taken the prosecutrix, a minor girl aged 13 years old, to a nearby situated pump -house where, it is alleged, the applicant raped the minor girl.

(2.) AS the applicant is a juvenile, he has been kept in the rehabilitation home (Baal Sampreshan Grah). An application under Section 12 of the Act of 2000 was moved by the applicant seeking bail which was rejected by the Board taking into consideration the nature of offence alleged to have been committed by the applicant and also taking into consideration the social enquiry report. Aggrieved by the order, an appeal was preferred which was also dismissed which gave rise to this revision petition.

(3.) ON the other hand, learned State counsel opposes prayer for grant of bail and submits that the nature of offence alleged to have been committed by the applicant itself is indicative of the depravity from which the child is suffering. This, by itself, constitutes reasonable ground that in the event of release, the juvenile may be exposed to moral, physical or psychological danger. He submits that the manner in which the applicant committed offence against the minor girl of 13 years of age, is by itself a relevant consideration that grant of bail will defeat the ends of justice.