orders have been passed ignoring the principles of law, as applicable in the matters relating to bail to the juvenile and further ignoring the mandate of Section 12(1) of the Juvenile Justice Act, 2015; the courts below have passed the impugned orders in an arbitrary manner and have drawn conclusions without having sufficient material before them. Some of the very relevant facts and circumstances relating to the incident have also been ignored. The FIR was lodged naming the accused falsely in this case after deliberations with a delay of 2 days; no explanation has come forth about the delay; It is further contended that even if whole of the prosecution story as revealed from the statement of the witnesses and the prosecution papers including the recovery memo is believed as it is, the case at the most is of a voluntary elopement by the victim and therefore, the matter does not fall within Section 363 IPC; lack of injuries and lack of any positive pathology report suggested that the matter even does not came within the definition of Section 376(3) IPC and 3/4 POCSO Act; the juvenile has no criminal tendencies and no criminal history, hence, there is no justification in keeping him detained in observation home.
