KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this revision petition aggrieved by the order dtd. 25/3/2019 passed by the learned Special Judge, POCSO Act Cases No. 1, Sri Ganganagar dismissing the appeal preferred by the juvenile against the order dtd. 18/3/2019 passed by the Principal Magistrate, Juvenile Justice Board, Sri Ganganagar vide which the application under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act filed by him seeking bail in connection with FIR No. 102/2019, Police Station Suratgarh City, District Sri Ganganagar was dismissed.

(2.) It is submitted on behalf of the petitioner that the recovery in the present case is 8.52 gms. of smack and the co-accused, namely, Kishan Kande has already been granted bail by a Coordinate Bench of this Court vide Order dtd. 4/4/2019 passed in S.B. Criminal Misc. Bail No. 3586/2019 (Kishan Kande v. State of Rajasthan). It is further submitted that the case of the present petitioner being identical to that of the co-accused, he may be enlarged on bail.

(3.) Taking into account the facts and circumstances of the case coupled with the fact that the recovery in the present case is 8.52 gms. of smack, which is below commercial quantity, this Court deems it proper to allow this revision petition.