Ashwini @ Makhna vs State of Uttarakhand

Prafulla C. Pant, J.—Urgency Application No. 780 of 2013, is allowed. Heard.

This revision, preferred u/s 53 of Juvenile Justice (Care and Protection of Children) Act, 2000, is directed against order dated 29.01.2013, passed by learned Sessions Judge, Haridwar, in Criminal Appeal No. 01 of 2013, whereby said court has affirmed the rejection of bail application of the juvenile.

A Crime No. 86/460 of 2012 was registered at Reporting Outpost Landaura, Police Station Roorkee, relating to offence punishable u/s 377 of I.P.C. The victim boy is aged less than twelve years. The accused/revisionist is also juvenile.

Learned counsel for the revisionist drew attention of this Court to the fact that on medical examination no injury was found on the person of the victim. It is contended that the revisionist has been falsely implicated.

Having considered submissions of learned counsel for the revisionist and learned counsel for the State, and after considering the provisions contained in Section 12 of Juvenile Justice (Care and Protection of Children). Act, 2000, this Court is of the view that in the facts and circumstances of the case, the present revisionist deserves bail. Therefore, the revision is disposed of with the direction that on execution of personal bond by the father of the revisionist Ashwani @ Makhna and furnishing two sureties, the revisionist shall be released on bail in connection with the aforesaid case.