HARIOM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Hariom, a juvenile in conflict with law has preferred instant revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as 'the Act') challenging the order dated 03.11.2014 passed by the learned Principal Magistrate, Juvenile Justice Board, Bharatpur in FIR No.526/2014 of Police Station Nadbai, District Bharatpur whereby the application for grant of bail moved on behalf of the petitioner has been rejected. The petitioner has also challenged the order dated 25.11.2014 passed by the learned Additional District and Sessions Judge No.4, Bharatpur in Criminal Appeal No.38/2014, by which the appeal preferred on behalf of the petitioner has been dismissed.

(2.) THE brief facts of the case are that on 20.08.2014 Ram Prasad lodged a report at Police Station Nadbai, District Bharatpur against three accused persons including the petitioner, wherein it was alleged that the prosecutrix has been abducted. On the basis of the said report, a FIR No.526/2014 for the offence under Sections 363 and 366 IPC was registered. Thereafter charge sheet was filed against the petitioner Hariom for the offence under Sections 366, 376(2)(n) IPC.

(3.) IT has been the contention of the learned counsel for the petitioner that there is no material available on record to justify declining bail to the petitioner, who was juvenile at the time of commission of the offence. It is further contended that the gravity of the offence committed cannot be a ground to decline the bail. It is also contended that the courts below, without taking into consideration the mandatory provisions of the Act, in a cursory manner declined bail to the petitioner.