SALMAN Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The criminal revision has been filed by the revisionist to set aside the order dated 26.03.2018 passed by Juvenile Justice Board Haridwar in Bail application no.8 of 2018, State vs. Salman, and also set aside the order dated 04.05.2018 passed by Special Judge POCSO/Additional Sessions Judge, Haridwar in Criminal Appeal No.70 of 2018, Salman vs. State, and further the revisionist/Juvenile be released on bail (In Case Crime No.477 of 2017, under Sections 376(2)(i) of I.P.C. and Section 5(1)/6 of POCSO, Police Station-Ranipur, District Haridwar.

(2.) Learned counsel for the revisionist submitted that revisionist was arrested in connection with F.I.R. No.477 of 2017 dated 09.12017 at about 16.22 hours of 2018, relating to offences punishable under Section 363, 376(2)(?), 376(?) IPC & Section 3(?)/4 of the Protection of Children from Sexual Offences Act, 201 The revisionist moved the bail application before the learned Juvenile Justice Board; but, the same was rejected vide order dated 26.3.2018. Learned counsel for the revisionist submitted that the revisionist (Juvenile) has established before the learned Court below that there appear no reasonable grounds for believing that his release is likely to bring him into association with any known criminal or expose him to moral, physical or physiological danger or that his release would not defeat the ends of justice but even then by the impugned judgments and orders the bail has been rejected to the revisionist (Juvenile). He further submitted that the judgments and orders of the Courts below are based on conjecture and surmises.

(3.) Section 12 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, provides that when any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail or without surety or placed under the supervision of a Probation Officer or under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.