BHURU BHEEL @ BURU BHEEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the juvenile delinquent Bhuru Bheel @ Buru Bheel through his father Kanti Lal, under Sec. 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 against the order dt. 29.11.2013 passed by Sessions Judge, Kota in Cr. Appeal No. 369/2013 by which the appeal filed by the juvenile delinquent has been dismissed and the order dt. 28.11.2013 passed by Principal Magistrate, Juvenile Justice Board, Kota dismissing the application filed by Juvenile delinquent under Sec. 12 of Juvenile Justice Act, has been affirmed. Brief facts of the case are that on 27.09.2013, complainant Nathu Lal submitted FIR before the Police Station, Itawa for the offence under Secs. 363, 366, 376 IPC and Section 4 of Prevention of Children from Sexual Offences Act. 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 on 28.11.2013. Against the said order dt. 28.11.2013, the juvenile delinquent preferred an appeal before the Court of Sessions Judge, Kota but the same was also dismissed vide order dt. 29.11.2013. 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 Bhuru Bheel @ Buru Bheel S/o. Kanti Lal deserves be released on bail. Hence, this revision petition is allowed; the impugned orders are set -aside and juvenile Bhuru Bheel @ Buru Bheel S/o. Kanti Lal is ordered to be released on bail, provided his father Kanti Lal S/o. Shri Jabariya 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 Principal Magistrate, 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.