RAVI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed to challenge the impugned order dated 19.11.2020 passed by the Juvenile Justice Board, Sangrur, whereby, the bail to the present petitioner aged 16 years (who has already been declared juvenile) has been declined and the same has been affirmed by Additional Sessions Judge, Ludhiana vide order dated 24.12.2020. 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.148 dated 11.11.2020 registered under Sections 376, 376AB IPC and Section 6 of the POCSO Act at Police Station Moonak, District Sangrur. He moved an application for grant of bail before Juvenile Justice Board, Sangrur but the same was dismissed. The appeal preferred by him before the Additional Sessions Judge, Sangrur 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 victim is aged five years and since the petitioner and the victim belong to the same village, his release would defeat the ends of justice, though a perusal of the order passed by the Additional Sessions Judge, Sangrur would reflect that there is no evidence on record to establish that there is likelihood of juvenile herein coming in association with any known criminal or his release on bail would expose him to moral, physical or psychological danger. He also submits that the petitioner is in observation home since 09.11.2020 and he is ready to abide by all the terms and conditions that may be imposed by this Court while considering the petition of the petitioner herein for grant of bail.