Ramniwas vs State And Ors

Heard learned counsel for the petitioner (juvenile- through his natural guardian Jagdish S/o Sona Ram Meghwal) as well as learned Public Prosecutor

appearing on behalf of the respondent-State and learned counsel for the complainant.

The allegation against the petitioner is of offence under Sections 147, 148, 149, 302, 201 IPC. The bail application filed by the petitioner under Section

12 of the Act of 2015 before Principal Magistrate, Juvenile Justice Board, Jodhpur was rejected vide order dated 12.03.2019. Being aggrieved by the

said order, an appeal was filed by the petitioner before the learned Special Judge, POCSO Act Cases, Jodhpur District and the same has been

dismissed by learned Appellate Court vide impugned order dated 25.03.2019.

Being aggrieved of the orders dated 12.03.2019 and 25.03.2019 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 been falsely involved in the case without any

material evidence. 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 in custody since long time 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 12.03.2019 passed by the Principal Magistrate, Juvenile Justice

Board, Jodhpur as well as order dated 25.03.2019 passed by learned Special Judge, POCSO Act Cases, Jodhpur District, declining bail to the

petitioner are hereby set aside.

It is ordered that the juvenile accused-petitioner Ramniwas S/o Deva Ram shall be released on bail, upon furnishing a personal bond by his natural

guardian (Jagdish S/o Sona Ram Meghwal), 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, Jodhpur; 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 their guardian shall keep proper look after of the delinquent child and secure

them away from the company of known criminals.