Gorelal @ Gora vs State of Rajasthan

F.C. Bansal, J.—The instant criminal revision petition u/s. 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (in short ''the Act'') is directed against the order dated 2.2.2005 passed by the learned District & Sessions Judge, Bharatpur in Criminal Appeal Np.4/2005 whereby the appeal has been dismissed and the order of the learned Principal Magistrate, Juvenile Justice Board. Bharatpur refusing bail to the petitioner has been confirmed.

Learned counsel for the petitioner has contended that the petitioner is admittedly a juvenile and, therefore, he is entitled to be released on bail as per the provisions of Section 12 of the Act. There is no material on record to show the existence of stated grounds on which the bail has been refused. Learned counsel further contended that the medical report does not support the prosecution case. Hymen of the prosecutrix was found intact. No injuries were found on and around the anus and vagina of the prosecutrix and, therefore, it is a case of false implication.

Learned Public Prosecutor appearing for the State has opposed the revision petition.

Having considered the aforesaid submissions made by the learned counsel for the accused-petitioner and after going through the medical report as also the challan papers, I am inclined to allow this revision petition.

In the result, this revision petition is allowed and the impugned order dated 2.2.2005 passed by the learned District & Sessions Judge, Bharatpur and the order dated 24.1.2005 passed by the learned Principal Magistrate, Juvenile justice Board, Bharatpur are set aside and it is directed that petitioner Gorelal @ Gora S/o Shri Ramphool shall be released on bail on furnishing of a personal bond by his guardian in the sum of Rs. 10,000/ - together with two sound sureties of Rs.5,000/- each to the satisfaction of the Juvenile Justice Board, Bharatpur for his appearance before that Court on all dates of hearing until conclusion of trial.