- (1.) The instant revision petition is directed against the order dated 6.1.2014 passed by the Sessions Judge, Kurukshetra whereby the appeal filed by the petitioner against the order dated 19.12.2013 passed by the Principal Magistrate, Juvenile Justice Board, Kurukshetra declining the bail application of the petitioner, has been dismissed and order dated 19.12.2013 was affirmed.
(2.) Undisputedly, FIR No.377 dated 14.10.2013, under Sections 342, 363, 376-G, 506 read with Section 34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 stands registered with Police Station Pehowa in which the petitioner has been cited as a co-accused. The petitioner, admittedly, is a juvenile. The bail application preferred by the petitioner has been declined by the Principal Magistrate, Juvenile Justice Board, Kurukshetra, vide order dated 19.12.2013 and the operative part of the order reads as follows: "Looking upon the allegations, this Board is of the considered opinion that allegations levelled against the juvenile are very serious in nature. It has been alleged by prosecution that juvenile along with other coaccused committed rape upon the prosecutrix. This Court is not in consonance with the contention of learned counsel for juvenile that there is no allegations against the juvenile. Keeping in view of the above facts and circumstances, this Court is of the considered view that juvenile deserve no concession of bail. Furthermore, there appears reasonable grounds for believing that the release of juvenile is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. Hence, upon seeing the nature and gravity of an offence, the bail application of juvenile stands dismissed, in the interest of justice."
(3.) The appeal preferred by the petitioner has been dismissed by the Sessions Judge, Kurukshetra on the following reasoning: "According to sub-section (1) of Section 12 of the Act, a juvenile shall be released on bail with or without surety notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force. The first part of the provision appears to be mandatory in nature for releasing a juvenile on bail, but the second part also equally appears to be mandatory for refusing the bail, as a juvenile shall not be so released, if there appears reasonable grounds for believing; that (1) that the release is likely to bring him into association with any known criminals; or (2) expose him to moral, physical or psychological danger; or (3) that his release would defeat the ends of justice. Keeping in view allegations that appellantjuvenile along with co-accused committed gang penetrative sexual assault on prosecutrix minor, Principal Magistrate, Juvenile Justice Board, Kurukshetra has rightly formed an opinion that there appears reasonable grounds for believing that release of appellant juvenile is likely to bring him into association with known criminals or expose him to moral, physical or psychological danger or his release would defeat the ends of justice and, thus, bail application of appellant juvenile was rightly dismissed.";