INDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been directed against order dated 30.08.2013, passed by the Sessions Judge Barnala, whereby the appeal preferred by Inderjit Singh against order dated 22.07.2013, passed by the Principal Magistrate, Juvenile Justice Board, Barnala (in short, 'the Board'), declining prayer of the petitioner for grant of bail in FIR No. 173 dated 04.07.2013 under Sections 363, 366-A, 376 of Indian Penal Code, registered at PS City Barnala, has been dismissed.

(2.) Counsel for the petitioner contends that as per allegations against the petitioner, he subject the prosecutrix, less than 18 years of age, to sexual intercourse. It is submitted that the petitioner was about 16 years of age at the time of alleged occurrence. The Board dismissed the application for bail, primarily, on the basis of report submitted by the Protection Officer, which in no way indicates that the petitioner is not entitled to bail keeping in view the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. It is argued with vehemence that the juvenile in conflict with law cannot be kept in custody merely on the ground that the offence is serious in nature. Counsel submits that the juvenile is entitled to bail as a matter of right and the same can be rejected only if there is material on record that his release will bring the juvenile in association with known criminal or expose him to moral, physical or psychological danger or would defeat ends of justice.

(3.) Counsel for the respondent has supported the orders impugned with the submissions that as the Protection Officer submitted a report that the juvenile is likely to misuse the bail by tampering with the prosecution evidence, the learned Board as well as the Court in appeal has rightly rejected his prayer for bail.