SU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The juvenile petitioners herein have been confined in connection with FIR No. 185/2023 registered at Police Station Shergarh for the offences under Ss. 363, 387, 376-D of the IPC and Ss. 3 and 4 of the POCSO Act. They are lodged at the Child Observation Home, Jodhpur. The bail application preferred under Sec. 12 of the Juvenile Justice Act, 2015 by the juvenile through amicus curiae were dismissed by the learned Juvenile Justice Board, Jodhpur vide order dtd. 8/8/2023 and the appeals preferred under Sec. 101 of the Juvenile Justice Act, 2015 against the said order before the learned learned Special Judge, POCSO Act Cases and the Commission for Protection of Child Rights Act, 2005 Cases, Bikaner also came to be dismissed vide orders dtd. 18/8/2023 and 10/8/2023 and the order passed by the learned Board was upheld. Aggrieved by the aforesaid orders, the instant revision petitions have been filed under Sec. 102 of the Juvenile Justice Act read with Sec. 397/401 of the Cr.P.C.

(2.) Learned Counsel for the juvenile-petitioners submit that the Juvenile Justice Board as well as the learned Court below has grossly erred in rejecting the bail applications of the juvenile-petitioners. They have failed to consider the correct factual and legal aspects of the case. The juvenile have been detained at the Child Observation Home since quite some time and looking at the pace at which the trial is proceeding, it will likely take long time to conclude. The Juvenile Justice Board has treated the accused as juvenile. He further submits that there is no possibility of the juvenile-petitioners absconding. There is nothing on record that may debar them from getting released on bail, therefore, it is humbly prayed that the impugned orders be set aside and the juvenile be released on bail.

(3.) Learned Public Prosecutor vehemently opposes the prayer made by learned Counsel for the juvenile-petitioners and submits that since the matter pertains to commission of a grave offence, the petitioners are not deserving of being released on bail.