NARENDRA BHASKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Petitioner Narendra Bhaskar, 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.331/2014 of Police Station Mathura Gate, 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 15.11.2014 passed by the learned Additional Sessions Judge No.2, Bharatpur in Criminal Appeal 22/2014, by which the appeal preferred on behalf of the Petitioner has been dismissed.

(2.) THE brief facts of the case are that on 15.04.2014 Udayveer Singh lodged a report at Police Station Mathura Gate, District Bharatpur, wherein it was alleged that Yashwant Singh @ Deepak was shot by firearm who died on the spot. On the basis of the said report, a FIR No.331/2014 for the offence under Sections 302 IPC was registered. After investigation, charge sheet was filed against the petitioners Narendra Bhaskar and two other accused persons for the offence under Sections 302, 452, 34 IPC and 3/25 Arms Act.

(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.