Vsihnu Dutt Sharma Vs. State of Rajasthan

.....date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - as well as the statements of lalsingh and smt. billa who is on groving up woman, in the presence of her devar as well as in the presence of the brother of the petitioner. 5000/- (five thousand) with one surety in the like amount to his satisfaction on the following conditions:n.l. tibrewal, j.1. heard learned counsel for the petitioner and learned public prosecutor.2. i haveread the f.i.r. as well as the statements of lalsingh and smt. billa. the argument of the learned counsel for the petitioners is that the manner in which the incident is alleged to have taken place, is so on natural and improbable that it cannot be believed. according to him, there might have been some incident of mar-peet, but subsequently, colour has been given to make the case more serious. according to him, it cannot be believed that the petitioner committed rape on smt. billa who is on groving up woman, in the presence of her devar as well as in the presence of the brother of the petitioner. he further submits that the incident is said to have taken place in a field where bajra crop was standing and in such a situation, smt. billa would have sustained injuries on the lower part of her body.3. without commenting on the merits of the case, but taking into consilcration all the facts and circumstances of the case, i am inclined to grant pre-arrest bail to the petitioner under section 438 cr.p.c.4. consequently, i allow this application.5. the sho/arresting officer, investigating, officer, police station, sewar, dist. bharatpur in f.i.r. no. 387/90, is therefore, directed that in the event of arrest of the petitioner vishnu dutt sharma, he be released on bail provided he furnishes a personal bond in the sun; of rs. 5000/- (five thousand) with one surety in the like amount to his satisfaction on the following conditions:(a) that the petitioner shall make himself available for interrogation by a police officer as and when required;(b) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court, or to any other police officer; and(c) that the petitioner shall not leave india without the previous permission of the court.