KISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed to challenge the impugned order dated 13.06.2018 passed by the Juvenile Justice Board, Jagadhri, whereby, the bail to the present petitioner-Kishan Kumar aged 16 years, who has already been declared juvenile, has been declined and the same has been affirmed by Additional Sessions Judge, Yamuna Nagar at Jagadhri vide judgment dated 04.10.2018. The petitioner, being juvenile, has prayed for setting aside the impugned orders passed by both the Courts below.

(2.) The case of the petitioner is that he was arrested in FIR No.116 dated 09.03.2018 registered under Sections 364, 506 IPC and Section 6 of the POCSO Act, 2012 at Police Station Yamuna Nagar City, District Yamuna Nagar. 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, Yamuna Nagar at Jagadhri was also dismissed.

(3.) Learned counsel for the petitioner submits that the bail application of the petitioner has been dismissed by both 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 defeal 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 also submits that the petitioner was a regular student of 10th standard and is not a previous convict and he is not associated in any kind of un-social or criminal activities. Nothing has been brought on record to show that the petitioner is having any criminal background or any criminal case has been registered against any of his family member.