NAFISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed impugning the orders dtd. 27/4/2022 passed by learned Addl. Sessions Judge, Palwal and order dtd. 28/3/2022 passed by learned Principal Magistrate, Juvenile Justice Board, Palwal.

(2.) As per factual matrix, the FIR in question was lodged by the victim herself, who is 13 years of age, wherein it was alleged that on 25/8/2018 at 12 AM when she along with her sisters was sleeping on the roof top, then, Nafish i.e. the present petitioner and Arbaz came to their house and both of them committed rape with her. Her uncle saw them and they escaped from their house. Thereafter, talks of settlement started, however, the present FIR was lodged to take legal action against the culprits.

(3.) The investigation commenced, however, petitioner could not be arrested after registration of the FIR and he was finally arrested on 29/1/2020. Being a juvenile, he was produced before the Juvenile Justice Board. His prayer for grant of bail was declined by the Juvenile Justice Board vide order dtd. 28/3/2022, however, he filed application for bail under Sec. 101 of the Juvenile Justice Act before the Children's Court, palwal but the same was also declined by the learned Sessions Court vide order dtd. 27/4/2022. Aggrieved by the same petitioner has approached this court for grant of bail.