GALIB (MINOR) Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The criminal revision has been filed by the revisionist for setting aside the judgment and order dated 20.03.2018 passed by the learned Special Judge, POCSO/ Additional Sessions Judge, Haridwar in Criminal Appeal No. 35 of 2018, "Galib v. State" whereby the Special Judge, POCSO/ Additional Sessions Judge, Haridwar has dismissed the appeal and confirmed the order passed by the Juvenile Justice Board, Haridwar in which the Board has rejected the application of the revisionist for bail under Sections 376(Gha), 506, 120-B of I.P.C. and Section 5 (Chha)/6, 13/4 of the POCSO Act.

(2.) Learned counsel for the revisionist submitted that revisionist was arrested in connection with Case Crime No. 425 of 2017, relating to offences punishable under Sections 376 (Gha), 506, 120-B of I.P.C. and 5 (Chha)/6 of POCSO Act. The revisionist moved the bail application before the learned Juvenile Justice Board; but, the same was rejected vide order dated 08.03.2018. Learned counsel for the revisionist submitted that the Courts below have erred in law while refusing bail to the revisionist and overlooked that as per Section 12 of the Act, the bail to the accused can only be refused when there are possibility that accused can further indulge in criminal activity or can remain in touch of anti-social elements. He submitted that in the present case, the crime alleged against the applicant is not such a nature, on the basis of which, the revisionist can remain in touch of antisocial elements or criminals. He further submitted that the impugned orders passed by the Courts below are based on surmises and conjectures. He contended that one of the accused of the present crime, namely, Bulla @ Sahzad, who is major, has been granted bail by the Coordinate Bench of this Court on 28.02018 in Bail Application No. 355 of 2018.

(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 with or without surety or placed under the supervision of a Probation Officer or under the care of any fit person: