AMITAV K.GUPTA,J. - (1.) The revision is directed against the order dated 19.03.2020, passed by the court of the learned 1st Additional Sessions Judge, Lohardaga in Criminal Juvenile Appeal No.11 of 2020, rejecting the prayer for grant of bail to the petitioner (juvenile in conflict with law) in Bhandra P.S. Case No. 18 of 2019 (G.R. No. 369 of 2019) registered under sections 376/506 of the Indian Penal Code and under sections 4 and 6 of the Protection of Children (From Sexual Offences) Act, 2012 (for short POCSO Act).
(2.) Heard the learned counsel for the petitioner and the learned A.P.P. As per the allegation in the first information report, it is stated that on 10.06.2019 the petitioner had taken the victim to a ditch and forcibly committed rape upon her and thereafter, he had taken her to village 'Narauli Chaura'. That her father and uncle came searching for her and on 12.06.2019 they took her alongwith the petitioner before the 'Anjuman' Committee. It is stated that petitioner fled whereafter the first information report was instituted on 13.06.2019. On perusal of the medical-cum-injury report, it appears that the Doctor did not find any injury or sign of violence on the victim. Her age has been assessed between 16 to 17 years. None of the witnesses have stated about seeing the petitioner taking away the victim to 'Narauli Chaura'. The petitioner is in custody since 11.07.2019. In view of the materials on record and considering the period of custody, the petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Lohardaga in connection with Bhandra P.S. Case No. 18 of 2019 (G.R. No. 369 of 2019), on the condition that one of the bailors shall be his close relative, who shall give an undertaking (i) to ensure the good behavior of the petitioner, (ii) he shall ensure that the juvenile petitioner does not come in contact with any anti-social element, and (iii) to produce the petitioner before the Probation Officer as and when directed by the Board. In case of any adverse report, the Board is at liberty to pass necessary order in accordance with the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner shall be present before the Board, as and when directed, and co-operate in the enquiry proceeding.
(3.) With the aforesaid direction, the revision is, hereby, allowed.;