NIRANJAN MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the juvenile delinquent Niranjan Meena through his father Manfool Meena, under Sec. 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 against the order dt. 25.03.2014 passed by Sessions Judge, Kota in Cr. Appeal No. 93/2014 by which the appeal filed by the juvenile delinquent has been dismissed and the order dt. 04.03.2014 passed by Principal Magistrate, Juvenile Justice Board, Kota dismissing the bail application filed by Juvenile delinquent under Sec. 12 of Juvenile Justice Act, has been affirmed. Brief facts of the case are that complainant lodged a FIR before Police Station, Mahaveer Nagar, Kota for the offence under Secs. 363, 376, 342, 354, 120B IPC and Section 4/6 of POCSO Act. On the basis of FIR, the investigation was commenced. During investigation, the juvenile delinquent was arrested by the police.

(2.) THEREAFTER an application under Sec. 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 was filed by the father of the juvenile for custody of the juvenile delinquent. The said application was rejected by the Juvenile Justice Board, Kota vide order dt. 04.03.2014. Against the said order dt. 04.03.2014, the juvenile delinquent preferred an appeal before the Court of Sessions Judge, Kota, but the same was also dismissed vide his order dt. 25.03.2014. Against the said order, this revision petition has been preferred.

(3.) UPON hearing the arguments of the counsel for the Juvenile delinquent and the Public Prosecutor, in my view the juvenile Niranjan Meena S/o Shri Manfool Meena deserves be released on bail. Hence, this revision petition is allowed; the impugned orders are set -aside and juvenile Niranjan Meena S/o Shri Manfool Meena is ordered to be released on bail, provided his father Manfool Meena submits a bail bond in the sum of Rs. 1,00,000/ - (Rs. One Lakh) with two sureties in the amount of Rs. 50,000/ - (Rs. Fifty Thousand) each to the satisfaction of the Juvenile Justice Board, Kota with the stipulation that he will produce the Juvenile before the Juvenile Justice Board, Kota on all dates of hearing and as and when he is called upon to do so during the pendency of enquiry.