JUDGMENT :

JITENDRA KUMAR, J.

Introduction

1. The present appeal has been preferred by the appellant against the impugned order dated 15.04.2023, passed by learned I^st Additional Sessions Judge, Saran at Chhapra in C.C. Case No. 11 of 2022 (Marhowrah), P.S. Case No. 298 of 2020, registered against the Appellant and other two co-accused for the offence punishable under Section 376(D) of the Indian Penal Code and Section 67(A)(c) of the I.T. Act, 2008, whereby the regular bail petition of the Appellant has been rejected by learned Court below, holding as follows:

“7. Thus, it is conspicuous from SBR and SIR that juvenile petitioner is in conflict with law on account of friends of his age and he is in conflict with law on account of dispute relating to crop. Hence, I am of view that release of such juvenile petitioner on bail may bring him into association of same set of persons under whose influence he is in conflict with law. It would also expose him to moral, physical and psychological danger and it would also defeat the ends of justice. Therefore, taking care of best interest of juvenile, I am of the view that he should not be enlarged on bail. Accordingly, bail petition of juvenile petitioner namely Pankaj Kumar is hereby rejected. Office Clerk of this court is directed to send a copy of this order to the learned Jail Superintendent for necessary course of action. Put up this record on 03.05.2023 for prosecution evidence.”

Factual Background

2. The prosecution emerging from the written report filed by the victim is that on 12.04.2020 at 7:00 PM when she had gone for attending the call of nature, her modesty was outraged and gang rape was committed upon her by the Appellant and two other co-accused.

3. After investigation, charge-sheet was submitted against the Appellant and other co-accused for the offence punishable under Section 376(D) of the Indian Penal Code and Section 4 and 6 of the POCSO Act on 02.07.2020. Subsequently, case of one of the co-accused was separated and sent to the J.J. Board vide order dated 15.01.2021 passed by learned Judicial Magistrate. Vide order dated 26.02.2021/10.08.2021 the case of the Appellant was also separated and sent to the J.J. Board. Vide order dated 15.12.2021, the Appellant was declared juvenile under Section 94(2)(ii) of the J.J. Act and his age was found to be 16 years 10 months and 3 days. Vide order dated 15.07.2022, the J.J. Board conducted preliminary assessment under Section 15 of the J.J. Act and he was found to be physically and mentally mature and hence, in view of the heinous nature of the alleged offence of gang rape and the age of the Appellant being between 16 and 18 years, the case of the Appellant was transferred to the Additional Sessions Judge-I-cum-Children Court, Saran at Chhapra, for his trial as an adult. Learned Children Court, vide the impugned order dated 15.04.2023 has rejected the regular bail application of the Appellant. Hence, the Appellant is before this Court.

4. Trial has already commenced. And during trial, charge has been framed under Section 376(D) and Section 4 and 6 of the POCSO Act and the trial the case is at the stage of prosecution evidence. So far, five prosecution witnesses have been examined and all of them have been declared hostile by the prosecution.

Social Background Report of the Appellant

5. As per the Social Background Report of the Appellant, the Appellant is physically fit having no physical handicap. In his family, besides his parents, he has one brother and two sisters. The father of the Appellant is illiterate and works as labourer. His mother is a housewife. His both sisters are married whereas his brother is also a labourer and his parents also work as labourer. The conduct of the Appellant towards his family members is cordial. He has general interest in religion. The family of the Appellant has one pucca house and two katha of cultivable land. The Appellant is said to have a habit of drinking liquor. The Appellant is said to have stud