VINOD Vs. STATE

JUDGEMENT

(1.) This criminal revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015' hereinafter) is directed against the order dated 04.09.2020 passed by the learned Special Judge, POCSO Act Cases, Chittorgarh (for short 'the appellate court' hereinafter), whereby the appellate court has dismissed the appeal filed by the juvenile through his natural guardian against the order dated 02.09.2020 passed by Principal Magistrate, Juvenile Justice Board, Chittorgarh (for short' the trial court' hereinafter) on an application under section 12 of the Act of 2015, whereby the prayer for releasing the juvenile on bail was dismissed by the trial court.

(2.) Learned counsel for the petitioner vehemently submitted that the petitioner is below 18 years of age and he has been falsely involved in the case without any material evidence. Further there is no evidence to show that if the juvenile-petitioner is released on bail, then his release is likely to bring him into association with any known criminal, or expose them to moral, physical or psychological danger, or that his release would defeat the ends of justice. It is argued that learned Courts below have not appreciated the fact that the petitioner is juvenile and entitled to get benefit of provisions of the Act of 2015. Section 12 of the Act of 2015 clearly provides that if the accused is juvenile, then he should be released on bail, but learned Courts below fully ignored the provisions of the Act of 2015. The petitioner is in custody since long time and no further detention of the petitioner is required for any purpose. Learned counsel for the petitioner further submitted that the gravity of the offence committed cannot be a ground to decline bail to a juvenile. Learned Courts below in quite cursory manner have declined bail to the applicant-petitioner.

(3.) On the other hand, learned Public Prosecutor defended the impugned order passed by the Juvenile Justice Board in declining the bail to the petitioner as also the judgment passed by the Appellate Court upholding the order passed by the Juvenile Justice Board.