FARUKH KHAN (MINOR) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner-juvenile has preferred this revision petition under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'Act of 2015') to challenge order dated 19th of December, 2017, passed by Additional Sessions Judge No. 1, Nagaur (for short, 'learned appellate Court') rejecting his appeal and affirming order dated 13th of December, 2017, passed by Juvenile Justice Board, Nagaur (for short, 'Board'). The learned Board at the threshold by its order dated 13th of December, 2017, rejected bail application of the petitioner under Section 12 of the Act of 2015 arising out of FIR No. 122/2017 of Police Station Deedwana, District Nagaur wherein he is charged for offence under Sections 354D, 363 and 376 IPC and Section 3/4 of the POCSO Act.

(2.) Being aggrieved by the order of learned Board, petitioner approached learned appellate Court and the learned appellate Court upon consideration of the matter and alleged criminal delinquencies of the petitioner declined to interfere in the matter.

(3.) It is argued by learned counsel for the petitioner that in case of grant of bail to a juvenile gravity and magnitude of offence cannot be seen and strictly speaking embargo for grant of bail envisaged under Cr.P.C. cannot be pressed into service. It is also argued by learned counsel that the primary consideration is welfare of the juvenile and in the matter of grant of bail report of Probation Officer is to be given due credence.