Anant Kumar, J. - (1.) This Criminal revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been filed against the judgment and order dated 20.09.2019, passed by the learned Additional Sessions Judge/Special Judge, POCSO Act, Ambedkar Nagar in Criminal Appeal No.37 of 2019, by which the order dated 30.07.2019, passed by the Juvenile Justice Board, Ambedkar Nagar in Bail Application No.22 of 2019 relating to Case Crime No. 65 of 2019, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Bhiti, District Ambedkar Nagar hsa been confirmed.
(2.) In this case an F.I.R. was lodged on 20.04.2019 to the effect that on 15.04.2019 prosecutrix had gone to attend her school but when she did not return from the School, a search was made and it was found that she had not gone to her school. Thereafter, from the reliable sources it was informed that named accused persons had managed her to elope with the revisionist. In this case initially F.I.R. was lodged under Section 363, 366 IPC and Section 7/8 of POCSO Act. It is submitted that when the prosecutrix was recovered after 3-4 days her statement under Section 161 Cr.P.C. and 164 Cr.P.C. was recorded wherein no such element was stated that revisionist had taken her forcibly, rather she stated that she had gone to school and on the way co-accused met her and advised her that if she wants to do some job, she might get a good job and she could earn her livelihood.
(3.) The submission of learned counsel for the revisionist is that the impugned orders passed by the courts below are contrary to the parameters envisaged under the proviso to Section 12(1) of Juvenile Justice (Care and Protection of Children) Act, 2015 in the matter of grant of bail to a juvenile. In short, the submission of learned counsel for the revisionist is to the effect that there is nothing in the social investigation report or in any other evidence on record that may lead to the conclusion that the case of the revisionist falls within any of the three exceptions to the rule in favour of bail to a juvenile under the proviso to Section 12 (1) of Juvenile Justice (Care and Protection of Children) Act, 2015. Section 12 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, is quoted as under :- "12. Bail to a person who is apparently a child alleged to be in conflict with law. - (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.";