Ram Niwas vs The State of Rajasthan

Atul Kumar Jain, J.—This criminal revision petition has been filed under Sec. 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 by juvenile delinquent Ram Niwas against the order dt. 11.12.2014 passed by Sessions Judge, Dholpur in Cr. Appeal No. 86/2014, whereby he dismissed the appeal filed by the petitioner and affirmed the order dt. 24.11.2014 passed by the Principal Magistrate, J.J. Board, Dholpur in criminal case arising out of FIR No. 310/2014 registered at Police Station, Sadar Dholpur for offences under Secs. 376 , 342 IPC and Section 4 POCSO Act, 2012. I have heard arguments of learned counsel for both the parties. Charge against the petitioner is to the effect that he committed rape on a girl aged 12 years. His bail application was dismissed by the JJ Board, Dholpur as well as by the Sessions Judge, Dholpur.

Learned counsel for the petitioner has argued that benefit of bail cannot be denied to a juvenile even in a case of rape because of the following rulings:

(1) Gajendra Singh and others Vs. State of Rajasthan and others,

(2) Kailash vs. State of Rajasthan, 2004 (1) R.C.C. 502

(3) Manoj Singh vs. State of Rajasthan, 2004 (2) R.C.C. 995

(4) Kamlesh vs. Vie State of Rajasthan, 2004 WLC (Raj.) UC 258

(5) Lal Chand vs. State of Rajasthan, 2006 (1) R.C.C. 167

(6) Megh Raj vs. State of Rajasthan, 2006 (2) R.C.C. 865

(7) Gorelal @ Gora Vs. State of Rajasthan-->

(8) Sattu @ Satish vs. State of Rajasthan, 2009 (3) R.C.C. 931

(9) Arjun @ Gogi vs. State of Rajasthan, 2009 (1) R.C.C. 140

(10) Arjun @ Gogi Vs. State of Rajasthan,

I have gone through all these rulings. Section 12 of the Act of 2000 has also been referred by the petitioner during the arguments. Section 12(1) of the Act of 2000 clearly mentions that a juvenile delinquent shall not be released on bail if his release would defeat the ends of justice.

In the case in hand, looking to the conduct of the accused, this Court is of the firm view that if the petitioner Ram Niwas is released on bail then certainly it will defeat the ends of justice.

Hence, the revision petition filed by petitioner Ram Niwas deserves dismissal, which is hereby dismissed. S.B. Cr. Misc. Bail Application No. 47/2015 also stands disposed of accordingly. Copy of this order be sent to JJ Board, Dholpur as well as to the Sessions Judge, Dholpur immediately.