RONAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed to challenge judgment dated 16.3.2016 passed by Juvenile Justice Board, Rohtak as well as judgment dated 1.4.2016 passed by Additional Sessions Judge, Rohtak, whereby, the bail of the petitioner has been declined.

(2.) Briefly, the facts of the case are that the petitioner was arrested on 9.3.2016 in case FIR No. 4 dated 8.1.2016 registered under Ss. 363,366 -A,376 -D IPC and Sec. 6 of POCSO Act at Police Station Women, Rohtak on the basis of application submitted by Samay Singh Saini stating therein that his niece used to go for tuition in the evening every day but on 7.1.2016, neither she returned home from the tuition nor she picked up her mobile phone. At about 10.30 pm, she returned home and disclosed that she was kidnapped by two boys and was dragged in the car and rape was committed upon her. One of the boy also sent a text message to her to meet but lateron same was deleted from her mobile number. On the basis of information given by the victim to the complainant, aforesaid FIR was registered. During the course of investigation, the statement of the victim under Sec. 164 Cr.P.C was recorded and the petitioner being juvenile in -conflict with law was sent for inquiry before the Principal Magistrate, Juvenile Justice Board, Rohtak. Thereafter, an application under Sec. 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act, 2000') for grant of bail was moved before Principal Magistrate, Juvenile Justice Board, Rohtak but the same was dismissed on 16.3.2016. Aggrieved by the said order, the petitioner -juvenile filed an appeal before the Additional Sessions Judge, Rohtak, which was also dismissed on 1.4.2016 on the ground that in case the juvenile is released on bail then his release can bring him in the association of the person with moral and physical danger. It was also mentioned in the order that the offence is very serious and it will be safer to protect the petitioner -juvenile from the collective wrath of the community or society and purpose of ends of justice will be defeated in case he is released on bail.

(3.) Aggrieved by the aforesaid two judgments of the Courts below, the present revision petition has been filed.