VISHVAS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed to challenge the impugned order dated 22.06.2020 passed by the Juvenile Justice Board, Ludhiana, whereby, the bail to the present petitioner aged 15 years (who has already been declared juvenile) has been declined and the same has been affirmed by Additional Sessions Judge, Ludhiana vide judgment dated 07.08.2020. 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.94 dated 17.05.2020 registered under Sections 307, 376, 457, 511 IPC at Police Station Division No.7, Ludhiana. He moved an application for grant of bail before Juvenile Justice Board, but the same was dismissed. The appeal preferred by him before the Additional Sessions Judge, Ludhiana 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 that the prosecutrix/complainant stated that she was attacked by the juvenile and that he attempted to commit rape on her, and if released on bail he would come in close proximity to her as he resides near to the house of the complainant; and he may be exposed to moral and psychological danger and also 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, or that his release would defeat the ends of justice. Learned counsel also submits that the petitioner is a student and he is not a previous convict nor is associated in any kind of un-social or criminal activities. It is further argued that nothing has been brought on record so as to show that the petitioner is having any criminal background or any criminal case has been registered against any of his family member.