AMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed to challenge the impugned order dated 16.12.2019 passed by the Principal Magistrate, Juvenile Justice Board, Jind whereby the application for grant of regular bail to the petitioner has been denied, which order was upheld on 21.12.2019 by the Court of Addl. Sessions Judge, Jind. The petitioner, being juvenile, has prayed for setting aside the impugned orders passed by the Courts below.

(2.) The case of the petitioner is that he was arrested in FIR No.50 dated 28.03.2019 registered under Sections 342, 363, 366-A, 376-DB IPC and Section 6/18 of the POCSO Act, at Police Station Pillukhera, District Jind. He moved an application for grant of bail before Juvenile Justice Board being Juvenile but the same was dismissed. The appeal preferred by him before the Additional Sessions Judge, Jind was also dismissed.

(3.) Learned counsel for the petitioner submits that the bail application of the petitioner has been dismissed by the Courts below only on the ground of presumption that in case, the juvenile is released on bail, he may be exposed to moral and psychological danger and his release would defeat the ends of justice, whereas, no such finding was recorded as to how he will come in contact with criminals and how he will be exposed to moral, physical or psychological danger, which would defeat the ends of justice. Learned counsel further would rely upon Sect in 12 of the Juvenile Justice Act to contend that a child in conflict with law cannot be denied bail. It is argued that the petitioner was born on 30.06.2002 and on the date of the occurrence he was a juvenile. He would further argue that the petitioner has been falsely implicated in the present case whereas he has nothing to do with the allegations as levelled in the FIR. It is further submitted that the allegations made in the FIR against the petitioner are vague, while further submitting that the petitioner is not a previous convict and he is not associated in any kind of un-social or criminal activities.