RAJU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Raju Khan, a juvenile in conflict with law has preferred instant revision petition under Sec. 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as 'the Act') challenging the order dt. 19.12.2014 passed by the learned Principal Magistrate, Juvenile Justice Board, Alwar in FIR No. 266/2014 of Police Station Govindgarh, District Alwar whereby the application for grant of bail moved on behalf of the petitioner has been rejected. The petitioner has also challenged the order dt. 23.12.2014 passed by the learned Special Judge, (SC/ST) in Criminal Appeal No. 08/2014, by which the appeal preferred on behalf of the petitioner has been dismissed. The brief facts of the case are that on 21.11.2014 Smt. Sahina wife of Israel lodged a report at Police Station Govindgarh, District Alwar against two accused persons including the petitioner, wherein it was alleged that the prosecutrix was gang raped by the accused persons including the petitioner. On the basis of the said report, a FIR No. 266/2014 for the offence under Secs. 376D IPC was registered.

(2.) 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.

(3.) I have heard learned counsel for the petitioner as well as learned Public Prosecutor.