MINOR AJAY PAO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been filed by the applicant assailing correctness and validity of order dtd. 17/03/2016 passed in appeal, whereby the order of rejection of application for bail under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act of 2000') has been affirmed.

(2.) Case of the prosecution is that the applicant committed rape on a minor girl, aged 16 to 17 years, who belongs to Scheduled Tribe category. The applicant appears to be aged 15 years. The applicant moved an application before the Juvenile Justice Board for grant of bail under Sec. 12 of the Act of 2000. Vide order dtd. 4/2/2016, the Board rejected the application giving rise to appeal before the appellate authority under Sec. 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015. By the impugned order, the Appellate Court has also rejected the appeal and that is how, the juvenile is before this Court.

(3.) Learned counsel for the applicant submits that the Courts below have rejected the application for grant of bail relying upon the report of the Probation Officer that in the event of grant of bail, the applicant is likely to be subjected to mental and psychological danger. It is submitted that under the scheme of Act of 2000, grant of bail is rule and rejection is permissible only for the reasons exhaustively enumerated in the provision itself. It is further submitted that the material which has been brought before the Board and the appellate authority is not sufficient to draw an inference that the release would subject the juvenile to any kind of mental or psychological danger, therefore, rejection of bail is illegal.