RAJENDRA PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Petitioner Rajendra Prasad, 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 17.11.2014 passed by the learned Principal Magistrate, Juvenile Justice Board, Karauli in FIR No.198/2014 of Police Station Surauth, whereby the application for grant of bail moved on behalf of the Petitioner has been rejected. The petitioner has also challenged the order dated 29.11.2014 passed by the learned Sessions Judge, Karauli in Criminal Appeal 55/2014, by which the appeal preferred on behalf of the Petitioner has been dismissed.

(2.) THE brief facts of the case are that on 09.07.2014 Subhash lodged a report at Police Station Surauth, District Karauli against the petitioner and two accused persons. It was alleged in the report that the petitioner, who is the husband of Rajni and other relatives had subjected her to cruelty and harassment for demand of dowry and burnt her by pouring kerosene on her, who later died at Jaipur Hospital. On the basis of the said report, a FIR No.198/2014 for the offence under Sections 498A and 304B IPC was registered. Thereafter charge sheet was filed against the petitioner Rajendra Prasad for the offence under Sections 498A and 304B 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. In support of the contentions, the learned counsel for the petitioner relied on the judgment in the case of Shahrukh and another Vs. The State of Rajasthan,2013 WLC(Raj) 518; Deepak Kumar Vs. State of Rajasthan, 2012 WLC(Raj) 605; Manraj Vs. State,2013 WLC(Raj) 505and Mahaveer and anr. Vs. The State of Rajasthan,2007 6 WLC(Raj) 357.