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2020 DIGILAW 458 (RAJ)

Chandrabhan v. State

2020-03-03

VIJAY BISHNOI

body2020
JUDGMENT Vijay Bishnoi, J. - This criminal appeal is directed against the order dated 03.12.2019 passed by the learned Special Judge, POCSO Act 2012 and Commission for Protection of Child Right Act, 2005, No. 1 Sriganganagar, (for short the trial court hereinafter), whereby the court has dismissed the application under section 12 of the Act of 2015, with a prayer for releasing the juvenile on bail. 2. Learned counsel for the petitioner has submitted that the allegations of abducting and sexually assaulting the prosecutrix levelled against the petitioner are false. It is argued that the prosecutrix eloped with the appellant as per her own free will and lived with him for quite long time at various places. It is further submitted that no other case has ever been filed against the petitioner. 3. Section 12(1) of the Act of 2015 reads as under: '12. (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision' 4. From perusal of section 12(1) of the Act of 2015, it is clear that a delinquent juvenile ordinarily has to be released on bail irrespective of nature of offence alleged to have been committed by him unless it is shown by evidence that if he is released on bail, there appear reasonable grounds for believing that the release of the delinquent juvenile 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 the ends of justice. The nature of offence and the merits of the case do not have any relevance. It is for the prosecution to bring on record such material while opposing the bail and make out any of the grounds provided in section 12(1) of the Act of 2015, which may persuade the Court not to release the juvenile on bail. But in this case, there is nothing on record to show that the release of the appellant is likely to bring him into association with any known criminal or expose to moral, physical or psychological danger or that his release would defeat the ends of justice. 5. In view of the above discussion, the criminal appeal is allowed. The impugned order dated 03.12.2019 is set aside and it is directed that appellant - Chandrabhan S/o Pappuram, shall be released on bail provided his natural guardian-Father, Pappuram furnishes a personal bond in the sum of Rs. 25,000/- with a surety bond in the like amount to the satisfaction of the trial court with the stipulation that on all subsequent dates of hearing, he shall produce the appellant before the trial court, Sriganganagar or any other Court till the enquiry or trial is concluded.