DHARMENDRA GURJAR Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the juvenile-petitioner as also learned counsel for the complainant and learned Public Prosecutor appearing for State.

(2.) This revision petition has been preferred against the order impugned dated 8.2018 passed by learned Special Judge, SC/ST (POA) Cases, Dholpur (POSCO Court) whereby the appeal filed by the juvenile-petitioner under Sec.101 of Juvenile Justice (Care & Protection of Children) Act, 2015 (hereinafter referred to be as "Act of 2015"), has been rejected.

(3.) Learned counsel for the juvenile-petitioner submits that the juvenile-petitioner who is in conflict with law, has been detained in observation home since 5.12.2017. He was wrongly implicated in the alleged offence. This fact has been mentioned by the complainant in the affidavit sworn by him which has been placed on record. Counsel further submits that as per the family background report, conduct of the juvenile and control of the family over him is satisfactory. He, therefore, prays that the revision petition may kindly be allowed and the juvenile be enlarged on bail. Counsel contends that there is no criminal antecedents of the juvenile-petitioner. The juvenile-petitioner was residing with his family and his father/mother is taking care of the juvenile-petitioner. The counsel for the juvenile-petitioner prays that the custody of the juvenile-petitioner may be handed over to his father/mother. He has further contended that the gravity and nature of the offence is not relevant while deciding the bail application as per the provisions contained in Sec.12 of the Act of 2015.