Sahil vs State And Ors

Heard learned counsel for the petitioner (juvenile- through his natural guardian father Kadar Bhai Qureshi) as well as learned Public Prosecutor and counsel for the complainant.

The allegation against the petitioner is of offence under Sections 363, 366, 376(2)(N) IPC, Section 5/6 of POCSO Act and Sections 3(1) (B)(i), 3(2)(v) of SC/ST Act. The bail application filed by the petitioner under Section 12 of Juvenile Justice Act, 2015 before Principal Magistrate, Juvenile Justice Board, Banswara was rejected vide order dated 19.11.2019. Being aggrieved by the said order, an appeal was filed by the petitioner before the learned Special Judge, POCSO Act, 2012 & Commission for Protection of Child Rights Act, 2005, Banswara and the same has been dismissed by learned Appellate Court vide impugned order dated 30.11.2019.

Being aggrieved of the orders dated 19.11.2019 and 30.11.2019 passed by the Courts below, the petitioner has preferred this revision petition before this Court.

Learned counsel for the petitioner submits that the petitioner is below 18 years of age and he has falsely been implicated in this case. 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 them 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 inside the jail since 07.11.2019 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.

On the other hand, learned Public Prosecutor and learned counsel for the complainant 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.

The language of Section 12 of the Act of 2015 conveys the intention of the Legislature to grant bail to the juvenile, irrespective of nature or gravity of the offence, alleged to have been committed by him and bail can be denied only in the case where there appears reasonable grounds for believing that the 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 ends of justice.

In this context, I have also scanned through and perused the orders passed by the courts below. Having carefully examined provisions of the Juvenile Justice Act vis-a-vis the orders passed by the courts below, I do not find that any of the exceptional circumstances, to decline bail to a juvenile, as indicated in Section 12 of the Act of 2015, is made out.

In view of the aforesaid discussion, this revision petition is allowed and the order dated 19.11.2019 passed by the Principal Magistrate, Juvenile Justice Board, Banswara as well as order dated 30.11.2019 passed by learned Special Judge, POCSO Act, 2012 & Commission for Protection of Child Rights Act, 2005, Banswara, declining bail to the petitioner are hereby set aside.

It is ordered that the juvenile accused-petitioner Sahil S/o Shri Kadar Bhai Qureshi, shall be released on bail in FIR No.376/2019 Police Station Kalinjara upon furnishing a personal bond by his Natural guardian, in the sum of Rs.1,00,000/- along with a surety in the like amount to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Banswara; with the stipulation that on all subsequent dates of hearing, he shall appear before the said court or any other court, during pendency of the investigation/trial in the case and that his guardian shall keep proper look after of the delinquent child and secure them away from the company of known criminals.