LAWS(P&H)-2016-2-614

VIJAY KUMAR @ CHHOTU Vs. STATE OF PUNJAB

Decided On February 29, 2016
Vijay Kumar @ Chhotu Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The present revision petition has been filed to challenge the impugned order dated 08.10.2015 passed by the Principal Magistrate, Juvenile Justice Board, Sangrur as well as order dated 17.11.2015 passed by the Additional Sessions Judge, Sangrur, whereby, the prayer of the petitioner for grant of bail has been declined.

(2.) Learned counsel for the petitioner submits that the petitioner was about 15 years old at the time of alleged occurrence and the victim was also less than 16 years of age. He is the first offender and is not involved in any criminal case. Even an undertaking has been given by the mother of the petitioner that she will look after the petitioner and he will not indulge in any criminal activity. Both the Courts below have not taken into consideration the fact as to how the petitioner will come in contact of known criminals or how he may be exposed to moral or psychological danger. Learned counsel also submits that it has been held in various judgments that ordinarily, the bail to juvenile in conflict with law should be granted in case, there is no possibility that he may expose to moral or psychological danger.

(3.) Learned counsel for the respondent-State opposes bail to the petitioner on the ground of seriousness of offence. Heard the arguments of learned counsel for the parties and have also perused the impugned orders as well as the allegations levelled in the FIR.