GOVIND KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner (juvenile- through his natural guardian father Shri Aalu Ram @ Aliya) as well as learned Public Prosecutor appearing on behalf of the respondentState.

(2.) The allegation against the petitioner is of offence under Sections 363, 366, 342, 506 and 376(2)(D) IPC and Section 5(j) (ii)/6 POCSO Act. The bail application filed by the petitioner under Section 12 of the Juvenile Justice (Care and Protection of Children). Act, 2015 before the Principal Magistrate, Juvenile Justice Board, Banswara was rejected vide order dated 05.12.2019. Being aggrieved by the said order, an appeal was filed by the petitioner before the learned Special Judge (POCSO Act Cases), Banswara and the same has been dismissed by learned Special Judge vide order dated 07.12.2019.

(3.) Being aggrieved of the orders dated 07.12.2019 and 05.12.2019 passed by the Courts below, the petitioner has preferred this revision petition before this Court. Learned counsel for the petitioner submits that 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.