SALMAN JUVENILE vs STATE OF UTTARAKHAND AND ANOTHER

The criminal revision has been filed by the revisionist to set aside the order dated 26.03.2018 passed by Juvenile Justice Board Haridwar in Bail

application no.8 of 2018, State vs. Salman, and also set aside the order dated 04.05.2018 passed by Special Judge POCSO/Additional Sessions Judge,

Haridwar in Criminal Appeal No.70 of 2018, Salman vs. State, and further the revisionist/Juvenile be released on bail (In Case Crime No.477 of 2017,

under Sections 376(2)(i) of I.P.C. and Section 5(1)/6 of POCSO, Police Station-Ranipur, District Haridwar.Â

Learned counsel for the revisionist submitted that revisionist was arrested in connection with F.I.R. No.477 of 2017 dated 09.12.2017 at about 16.22

hours of 2018, relating to offences punishable under Section 363, 376(2)(>), 376(?k) IPC & Section 3(B)/4 of the Protection of Children from Sexual

Offences Act, 2012. The revisionist moved the bail application before the learned Juvenile

Justice Board; but, the same was rejected vide order dated 26.3.2018. Learned counsel for the revisionist submitted that the revisionist (Juvenile) has

established before the learned Court below that there appear no reasonable grounds for believing that his release is likely to bring him into association

with any known criminal or expose him to moral, physical or physiological danger or that his release would not defeat the ends of justice but even then

by the impugned judgments and orders the bail has been rejected to the revisionist (Juvenile). He further submitted that the judgments and orders of

the Courts below are based on conjecture and surmises.Â

Section 12 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, provides that when any person, who is apparently a child and is

alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such

person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released

on bail or without surety or placed under the supervision of a Probation Officer or under the care of any fit person:Â

Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into

association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the

ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.Â

Thus, as per Section 12 (1) of the Act, the revisionist shall be subject to the condition mentioned in the Act. In the present case, admittedly, the

revisionist is a Juvenile. Learned counsel for the revisionist submitted that the revisionist has no criminal history and the family members of the

revisionist are ready to keep revisionist with them and are ready to give undertaking.Â

Considering the facts and circumstances of the case, the revision is allowed. Impugned judgment and order dated 04.05.2.2018 passed by the

learned Special Judge, POCSO/Additional Session Judge, Haridwar in Criminal Appeal No.70 of 2018 and judgment and order dated 26.3.2018 passed

by learned Juvenile Justice Board, Haridwar are set-aside.Â

Let revisionist Salman be released on bail on executing personal bond and furnishing two sureties each of like amount by his father to the

satisfaction of learned Special Judge, POCSO/Additional Session Judge, Haridwar. His father shall also submit an undertaking that the Juvenile will

remain in his custody.Â