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2019 DIGILAW 2452 (RAJ)

Pankaj Damor v. State of Rajasthan

2019-09-12

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - The petitioner, through his natural guardian-father, has preferred this revision petition aggrieved by order dated 19.7.2019 passed by Principal Magistrate, Juvenile Justice Board, Udaipur, vide which the application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'the Act') was rejected. The petitioner has also challenged the order dated 24.7.2019 passed by learned Special Judge (Protection of Children from Sexual Offence Act, 2012 and Commission for Protection of Children Rights Act, 2005) No.1, Udaipur, vide which the appeal filed by the petitioner under Section 101 of the Act of 2015 was rejected. 2. The contention of counsel for the petitioner is that the offence against the present petitioner is under Section 452, 376 IPC and U/s.5(J) (ii) of POCSO Act. 3. Counsel for the petitioner submits that there is nothing on record to infer that release of the juvenile in conflict with would bring him into association of criminals and the Juvenile Justice Board as well as the learned appellate court have committed an error in rejecting the prayer for release of the juvenile in conflict with law. 4. The learned Public Prosecutor has opposed the bail application in general 5. I have considered the rival contentions. The record indicates consensual relationship between prosecutrix and the accused-petitioner. The prosecutrix is aged 14 years and the accused is a boy aged 17 years. The fact of pregnancy of prosecutrix and her giving birth to girl child, who subsequently died, is on record. 6. The gravity of the offence is not to be seen at this stage. The only thing which is to be seen is that whether release of the juvenile in conflict with law would defeat the ends of justice or would bring him into association of criminals, which will have adverse moral effect upon him. There is nothing on record to come to the conclusion that the release of the juvenile in conflict with law would bring him into association of criminals. Further, there is nothing on record to show that his release would defeat the ends of justice. 7. Consequently, this revision petition is allowed. The impugned orders passed by the Juvenile Justice Board as well as the learned appellate court are set aside. The petitioner be released forthwith. 8. Further, there is nothing on record to show that his release would defeat the ends of justice. 7. Consequently, this revision petition is allowed. The impugned orders passed by the Juvenile Justice Board as well as the learned appellate court are set aside. The petitioner be released forthwith. 8. It is directed that the petitioner Pankaj Damor S/o. Shri Surtan Meena, be released on bail, provided his natural guardianfather, furnishes a personal bond in the sum of Rs.25,000/- alongwith two sureties in the like amount each to the satisfaction of the concerned Juvenile Justice Board with the stipulation that he shall produce the petitioner before the concerned Juvenile Justice Board on all dates, till the enquiry or trial is completed. His natural guardian-father shall ensure that the juvenile in conflict with law maintains good conduct and behaviour.