ISHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of parties, case is heard finally.

(2.) Initially, mother as a natural guardian of the accused/applicant has filed the bail application for grant of his custody before the Principal Magistrate, Juvenile Justice Board under Section 12 of the Act, 2000. The Principal Magistrate rejected the application for 'Supurdaginama' by order dated 19-5-2014 against which an appeal has been preferred before the 14th Additional Judge, Bhopal, which was also dismissed by the impugned order dated 27-5-2014, against which this revision has been preferred, on the ground that the learned Juvenile Board and the Appellate Court committed error in rejecting the prayer of the applicant/accused, therefore, order of the Board and Appellate Court is liable to be set aside.

(3.) Learned Counsel for the applicant further submitted that the applicant is a young boy of 15 years old and if he is kept in the judicial custody for long period, he may become an offender and prays for release of the applicant. The applicant and prosecutrix were residing in the same house since last many years because the mother of prosecutrix was tenant of the applicant's parent and that is why they meet daily and because of teenager, they become close friend. It is also submitted that the report of Probationary Officer wherein it is stated that the prosecutrix was the tenant of the parents of the applicant/accused and because of non-payment of rent prosecutrix and her mother were ejected from the rented house. On the very day of incident, in the morning, there was quarrel between the prosecutrix's mother and applicant's mother. At that time, applicant/accused expelled the prosecutrix from the house. Resultantly, this case has been registered by the prosecutrix against the applicant/accused. The applicant has no criminal antecedent. Learned Counsel also submitted that the gravity of offence is not a ground for rejection of bail/custody, therefore, prays to release the applicant/accused on Supurdaginama.