CHANDRABHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The allegation against the petitioner is of offence under Ss. 137(2), 70(2), 96 & 61(2) of BNS and Ss. 5(g)/6 & 3/4(2) POCSO Act.

(2.) The present criminal revision petition has been filed by the petitioner being aggrieved against the order dtd. 14/5/2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Churu, whereby the bail application filed by the petitioner under Sec. 12 of the Juvenile Justice Act, 2015 (hereinafter referred to as "Act of 2015") was rejected and also the order dtd. 16/5/2025 passed in Criminal Appeal No. 05/2025 by the learned Special Judge, POCSO Act No. 1, Churu vide which, the learned Appellate Court, while dismissing the appeal filed by the petitioner, affirmed the order passed by the Principal Magistrate, Juvenile Justice Board, Churu.

(3.) Per contra, learned Public Prosecutor as well as learned Counsel for the respondent-complainant submit that it is case of gang rape and looking to the age of the prosecutrix, the plea sought to be raised by the petitioner-accused is irrelevant. They submit that the prosecutrix has specifically implicated the petitioner-accused in her statements recorded under Ss. 161 and 164 Cr.P.C. as reflected at page No. 37 of the charge-sheet, and therefore, granting bail to the petitioner-accused would result in grave injustice and also submit that this being an exceptional case, bail ought not to be granted to the petitioner accused.