The gravity of the offence would not be of much consequence in deciding the bail application of a juvenile, if his case does not fall under the exceptions carved out in the proviso to Section 12(1) of the Juvenile Justice Act.

JUDGMENT

Manjari Nehru Kaul, J. (Oral). - Instant revision petition has been directed against the order dated 22nd March, 2021, passed by the learned Additional Sessions Judge, Nuh, wherein, it affirmed the order dated 02nd March, 2021 of learned Principal Magistrate, Juvenile Justice Board, Nuh, vide which, the petitioner was declined the concession of bail.

2. Learned counsel for the petitioner submits that the prosecutrix, who admittedly is a major was in a relationship with the petitioner (Child in conflict with law) and had accompanied him of her own accord on the date of alleged occurrence. While inviting the attention of this Court to the allegations levelled in the FIR in question, he has submitted that a highly unbelievable version had been brought-forth that the prosecutrix in the presence of her sister-in-law (Bhabi) had been dragged inside a white swift car bearing registration No. HR-37-1530 by the petitioner and two others and thereafter, gang-raped.

3. Learned counsel further submits that as per the allegations levelled in the FIR, the sister-in-law of the prosecutrix had soon thereafter apprised the wife of the complainant about the alleged kidnapping, but strangely, despite the name of the petitioner having been told to the family by the sister-in-law, they kept quiet and it was only once the prosecutrix allegedly returned home after 02 days of the alleged kidnapping, they chose to report the crime to the police, after a further delay of 02 days. Learned counsel further submits that in normal circumstances any parent would not have delayed the lodging of the FIR and would have promptly reported the matter to the police, more so, when the name of one of the accused was already known to them, as also the details of the vehicle, which was used in the crime.

4. Learned counsel has further referred to the MLR of the prosecutrix, a copy of which has been filed and taken on record today, subject to all just exceptions. Learned counsel has submitted that the allegations of gang-rape are contrary to the findings of the Doctor, inasmuch as, neither any internal or external injury, much less, any marks of resistance were noticed by the attending Doctor. Learned counsel further submitted that the Doctor had rather categorically noted in the MLR that there was no redness, pain, oedima or tenderness present during the examination of the prosecutrix and had found the vaginal oriface to be mildly loose. He, therefore, submitted that it was discernible from the facts and circumstances, that the prosecutrix, who is a major was all along a consenting party and it was for reasons but obvious, under pressure of her family, she had been compelled to level false allegations against the petitioner.

5. Still further, learned counsel has submitted that the petitioner, who is a child in conflict with law and is being tried as a juvenile, be extended the concession of bail as his further incarceration would not serve any purpose. He has also contended that his release would in no way lead to tampering of evidence, as the material witness i.e. the prosecutrix already stands examined. While referring to the report of Legal and Probation Officer, which has been filed in the Court, he submits that no adverse report has been given that there was a likelihood of he coming into contact or influence of criminals. Learned counsel submits that in the wake of the report of the Probationary Officer, his case does not fall within any of the exceptions carved out in the proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity, 'the JJ Act').

6. Learned State counsel assisted by learned counsel for the complainant, has opposed the prayer and submissions of the counsel opposite by urging that the petitioner has committed a heinous crime coupled with the fact that the prosecutrix has supported the case of the prosecution.

7. I have heard learned counsel for the parties and gone through the material on record as w