Harbans Lal, J. - (1.) This bail application u/s. 439 Cr.P.C. has been filed on behalf of the petitioner-Gajendra Singh son of Meghsingh against whom investigation for the offences u/s. 376 IPC is pending at P.S. Sepau Distt. Dholpur in FIR No. 199/2002 wherein allegation against the petitioner is that he committed rape with Urmila aged 13 years.
(2.) The main contention of the learned counsel for the petitioner is that he was himself about less than 14 years of age on the date of occurrence and as per the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 is entitled to bail irrespective of the nature of alleged offence. He has also submitted that the learned Court below has refused his bail application on surmises and conjectures. There is no material on record to infer that in the event of his release on bail, he would associate with the criminals or it will expose him to moral, physical and psychological danger.
(3.) Learned Public Prosecutor has opposed the bail application.;