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2006 DIGILAW 2854 (RAJ)

Dalip Singh v. State of Rajasthan

2006-10-10

HARBANS LAL

body2006
JUDGMENT 1. - This revision petition under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (here-in-after called in short 'the Act') has been directed against the judgment/order dated 19.7.2006 whereby the appeal filed by the petitioner under Section 52 of the Act has been dismissed and the order dated 10.7.2006 passed by the Juvenile Justice Board, Jaipur declining bail to the petitioner has been upheld. 2. I have heard learned counsel for the petitioner, learned P.P. for the State and have perused the relevant documents placed before me. 3. It is not in dispute that the petitioner is a juvenile. It is also well settled that the petitioner is entitled to bail under Section 12 of the Act irrespective of the nature of the offence. The bail can be declined to him only if any one or more of the conditions stated in Section 12 of the Act are made out. Learned court below has declined him bail on the ground that he would associate with co-accused persons who were also involved in the gang rape alongwith him. It is also observed by the learned court below that he would be exposed to moral, physical or psychological danger in the event of his release on bail. But the learned court below has not alluded to any material on record on the basis of which it could be said that the petitioner would associate with any known criminal or he would be exposed to moral, physical or psychological danger or it would otherwise defeat the ends of justice. The order of the (earned court below, therefore, cannot be sustained. 4. A report of the District Probation Officer was sent for, according to which conduct and character of the petitioner is reported to be good. There is no other case pending against him. The family of the petitioner earns its livelihood by agriculture and labour. In the enclosed certificate his conduct and character has been stated to be very good. The petitioner is said to be a student of ITI in Pilani. There is nothing on record to show that any one or more of the conditions mentioned in Section 12 of the Act are made out so as to justify and warrant refusal of bail to the petitioner. Hence, the impugned order deserves to be set aside. 5. The petitioner is said to be a student of ITI in Pilani. There is nothing on record to show that any one or more of the conditions mentioned in Section 12 of the Act are made out so as to justify and warrant refusal of bail to the petitioner. Hence, the impugned order deserves to be set aside. 5. Consequently, this revision petition is allowed and the order dated 19.7.2006 passed by the learned District Judge, Jaipur City, Jaipur is set aside. It is directed that the accused be released on bait on furnishing of a personal bond of his guardian in the sum of Rs. 20,000/- together with a surety in the like amount for his appearance in the Juvenile Justice Board, Jaipur on each and every date of hearing until conclusion of the trail with a further stipulation that the guardian of the petitioner would take care of the petitioner and will not let him associate with any known criminal or to indulge in similar criminal activities in future.Petition allowed. *******