VIJAY BISHNOI,J. - (1.) This criminal appeal is directed against the order dated 03.12.2019 passed by the learned Special Judge, POCSO Act 2012 and Commission for Protection of Child Right Act, 2005, No. 1 Sriganganagar, (for short 'the trial court' hereinafter), whereby the court has dismissed the application under section 12 of the Act of 2015, with a prayer for releasing the juvenile on bail.
(2.) Learned counsel for the petitioner has submitted that the allegations of abducting and sexually assaulting the prosecutrix levelled against the petitioner are false. It is argued that the prosecutrix eloped with the appellant as per her own free will and lived with him for quite long time at various places. It is further submitted that no other case has ever been filed against the petitioner.
(3.) Section 12(1) of the Act of 2015 reads as under: '12. (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';