AJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner impugns the order dated 3.12.2012 and prays for the benefit of bail by relying on the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, the relevant of which is extracted here below :-

(2.) A perusal of the aforesaid section of law would reveal that the court has the discretion to ordinarily release a juvenile on bail but can also decline it if it has reasonable ground to believe that his release is likely to bring him into association with any known criminal or expose him to moral, physical and psychological danger or that his release would defeat the ends of justice.

(3.) The allegations against the petitioner are that he subjected two minor girls to rape over a period of 10 days. There is also material on record to suggest that his immediate family members are involved in criminal activities and facing prosecution in case registered vide FIR No.149 dated 30.4.2007 under sections 147, 149, 323, 324, 506, 452 IPC. When both i.e. the act of the petitioner and the involvement of the immediate family members of the petitioner in criminal activities are evaluated together, then the court cannot overlook the fact that the petitioner would be in some sort of physical danger in case there is retribution from the family of the minor girls who have been subjected to rape. Besides, the petitioner in any case would be exposed to bad influence from his immediate family members who themselves are involved in criminal activities. In this view of the situation, I am of the opinion that there is reasonable apprehension in the mind of the court that it would be safe to keep the petitioner in confine rather to expose him to the probability of physical danger and abusive influence within the family.