SONU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Petitioner is aggrieved by the order dated 26 -10 2010, passed by Juvenile Justice Board, Kota, whereby the learned Board has denied the benefit of bail to the Petitioner. The Petitioner is also aggrieved by the order dated 18 -11 2010, passed by Special Judge, Women Atrocities & Dowry Cases, Kota, whereby the learned Judge had upheld the order dated 26 -10 -2010.

(2.) THE brief facts of the case are that FIR No. 505/2010 was registered at Police Station Mahaveer Nagar, Kota, for the offences under Sections 452, 323, 341, 147, 376 and 120B IPC. The Petitioner was arrested. On arrest, the Petitioner moved bail application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 ('the Act' for short). Vide order dated 26 -10 -2010, the bail application was dismissed. The Petitioner preferred appeal under Section 52 of the Act, before the learned Special Judge, Women Atrocities & Dowry Cases, Kota. The learned Special Judge, also dismissed the appeal and confirmed the order dated 18 -11 -2010. Hence, this petition.

(3.) ON the other hand, learned Public Prosecutor has strenuously contended that Section 12 of the Act is not mandatory in its nature, but is merely directory. Secondly, that the Petitioner is an accused for having committed an offence under Section 376 IPC. If the allegations leveled against the Petitioner, and other co -accused are taken on their face value, the case falls under Section 376(2)(g) IPC. Thirdly, in case of gang -rape, if the rapist were to be released by this Court, it would be travesty of justice. Hence, the benefit of bail should not be granted to the Petitioner.