- (1.) Heard learned counsel for the petitioner (juvenile- through his natural guardian) as well as learned Public Prosecutor appearing on behalf of the respondent-State. The allegation against the petitioner is of offence under Sections 363, 366, 376, 34 IPC and Sections 4/6 of POCSO ACT, 2012. The bail application filed by the petitioner under Section 12 of the Act of 2015 before Principal Magistrate, Juvenile Justice Board, Bikaner was rejected vide order dated 28.06.2016. Being aggrieved by the said order, an appeal under Section 52 of the Act was filed by the petitioner before the learned Sessions Judge, Bikaner and the same has been dismissed by learned Appellate Court vide impugned order dated 08.07.2016. Being aggrieved of the orders dated 28.06.2016 and 08.07.2016 passed by the Courts below, the petitioner has preferred this revision petition before this Court.
(2.) Learned counsel for the petitioner vehemently submitted that petitioner is below 18 years of age he has been falsely involved in the case without any material evidence. Further there is no evidence to show that if the juvenile-petitioner is released on bail, then his release 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. It is argued that learned Courts below have not appreciated the fact that the petitioner is juvenile and entitled to get benefit of provisions of the Act of 2015. Section 12 of the Act of 2015 clearly provides that if the accused is juvenile, then he should be released on bail, but learned Courts below fully ignored the provisions of the Act of 2015. The petitioner is in custody since long time and no further detention of the petitioner is required for any purpose. Learned counsel for the petitioner further submitted that the gravity of the offence committed cannot be a ground to decline bail to a juvenile. Learned Courts below in quite cursory manner have declined bail to the applicant-petitioner.
(3.) On the other hand, learned Public Prosecutor defended the impugned order passed by the Juvenile Justice Board in declining the bail to the petitioner as also the judgment passed by the Appellate Court upholding the order passed by the Juvenile Justice Board. I have carefully considered the submissions made by the learned counsel for the parties and also perused the provisions of the Act of 2015. It appears that for the protection of juvenile, this special Act has been enacted. Section 12 of the Act of 2015 indicates that if a juvenile is arrested or detained or appears or is brought before a Board, such juvenile shall be released on bail, with or without surety, or placed under the supervision of a Probation Officer or under the care of any fit institution.;