Gujarat High Court
Juvenile Nihhal Ashishbhai Makwana ... vs State Of Gujarat on 18 November, 2025
NEUTRAL CITATION
R/CR.MA/23673/2025 ORDER DATED: 18/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 23673
of 2025
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JUVENILE NIHHAL ASHISHBHAI MAKWANA THRO ASHISH JIVRAJBHAI
MAKWANA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. H P BAXI (9459) for the Applicant(s) No. 1
MR. ADITYA JADEJA APP, for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 18/11/2025
ORAL ORDER
1. The Juvenile who is in conflict with law has preferred the present application through his father and natural guardian, under Section 482 of the BNSS, 2023 praying for anticipatory bail. The FIR came to be registered by Jetpur City Police Station, Rajkot vide Part A C.R. No. 11213022250615 of 2025 for the offences alleged to have been committed under Sections 115(2), 127(2), 140(2), 309(6), 351(3), 352 and 331(6) of the BNS, 2023.
2. The Juvenile-applicant had preferred anticipatory bail application no. 288/2025 before the learned Additional Page 1 of 7 Uploaded by ANIRUDH OJHA(HC02370) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:35:56 IST 2025 NEUTRAL CITATION R/CR.MA/23673/2025 ORDER DATED: 18/11/2025 undefined Sessions Court of Jetpur, which came to be rejected by the Court vide order dated 01.11.2025.
The FIR came to be lodged by one Sahil Kanjibhai Jadeja against three accused and other unknown individuals. It was mentioned in the FIR that, on 10.09.2025 at around 01.30 AM, the accused no. 1 Avadh Arvindbhai Tiwari had come to the house of the original complainant along with his friends and had threatened his mother and had left thereafter, however, at around 05.00 AM the said persons once again came to his house and had knocked on their door, however, they had not opened the door, and as such, they had jumped inside their house. It is mentioned that, these accused had enquired from his mother about him and had slapped her and had searched for him inside the house, however, he was not found, and as such, they had left from his house. It is further mentioned that, when he had returned home at around 08.00 AM, his mother had narrated him about the Page 2 of 7 Uploaded by ANIRUDH OJHA(HC02370) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:35:56 IST 2025 NEUTRAL CITATION R/CR.MA/23673/2025 ORDER DATED: 18/11/2025 undefined incident which had occurred, and as such, he had gone to meet his uncle on his motorcycle, when, he was confronted by the three accused, namely, Avadh Tiwari, Munnavar Faridbhai Hussein and Shahil Kasambhai Lakha near the railway crossing who had kidnapped him in their motorcar. It is also mentioned that, he was beaten and a video of his beating was recorded and the accused no. 1 Avadh had snatched Rs. 12,500/- which he was having in his pocket and had threatened him. Thereafter, he was taken to a hostel where he was wrongfully confined till 06.00 PM and thereafter, was asked to leave.
3. Heard learned advocate Mr. H.P.Baxi for the applicant who has reiterated the averments of the application and has submitted that, the anticipatory bail application is maintainable in law. The Juvenile- applicant is not named in the FIR, the three accused who have been named in the FIR have been released on bail. The role of the applicant is akin to that of the Page 3 of 7 Uploaded by ANIRUDH OJHA(HC02370) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:35:56 IST 2025 NEUTRAL CITATION R/CR.MA/23673/2025 ORDER DATED: 18/11/2025 undefined three accused who have been granted bail. The FIR was lodged after a delay of 21 days, for which no reason was assigned. The Juvenile-applicant was named by the co-accused. There are no specific allegations as regards the Juvenile-applicant's involvement in the crime. Hence, considering all these aspects, learned advocate Mr. H.P.Baxi has urged the court to allow the application.
4. Heard learned APP Mr. Aditya Jadeja for the respondent-
State, who has strongly opposed this application submitting that, the Juvenile-applicant has one antecedent and this is his second offence. According to learned APP, considering the role of the three accused who have been named in the FIR, the Juvenile-applicant if granted anticipatory bail, would once again mingle with the same company, hence this application should be rejected.
5. At the outset, in view of the ratio laid down by this Court in case of Kureshi Irfan Hasambhai Thro Kureshi Page 4 of 7 Uploaded by ANIRUDH OJHA(HC02370) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:35:56 IST 2025 NEUTRAL CITATION R/CR.MA/23673/2025 ORDER DATED: 18/11/2025 undefined Kalubhai Hasambhai Vs State of Gujarat reported in 2021 (0) AIJEL-HC 243111 and in the case of Radhika Shamji Keniya Minor Thro Premjibhai Pachanbhai Maheshwari Vs State of Gujarat in Criminal Misc. Application No. 12190 of 2021, the present application under Section 482 of the BNSS, 2023 is maintainable in the eyes of law. It is true that, the Juvenile-applicant is not named in the FIR and the FIR is belatedly lodged, and the name of the Juvenile-applicant was revealed through the statement of one of the co-accused. It is equally true that, the Juvenile-applicant has one criminal antecedent against him. The Court in the judgment of Radhika Shamji (supra) in para 18 has observed thus:-
"In my opinion the raison d'être of the Act will get diluted if a child is allowed to lose his or her freedom and liberty; even momentarily. Though, the safeguards of the Act and the Rules, 2016 ensure that the child, so apprehended by a police or any authority, shall not in any manner be disturbed emotionally, psychological or physically, such safeguards cannot replace the warmth, care and affection of parents. Such care and affection of parents infuse or permeate a legal right in the child of seeking protection against his or her being apprehended Page 5 of 7 Uploaded by ANIRUDH OJHA(HC02370) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:35:56 IST 2025 NEUTRAL CITATION R/CR.MA/23673/2025 ORDER DATED: 18/11/2025 undefined by the police or any authority."
6. However, considering the fact that, the other accused have been granted bail, without delving further into the merits of case, it deems fit to this court to allow this application by directing that. In the event of arrest/ apprehension of the applicant in connection with the FIR being part A C.R. No. 11213022250615 of 2025 registered with Jetpur City Police Station, Rajkot, the Juvenile-applicant shall be released on bail in conformity with Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Juvenile- applicant shall :-
a) remain present at the concerned Juvenile Justice Board on 26.11.2025 between 11.00 AM and 02.00 PM;
b) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case, so as to dissuade from disclosing such facts to the court or to any police officer;Page 6 of 7 Uploaded by ANIRUDH OJHA(HC02370) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:35:56 IST 2025
NEUTRAL CITATION R/CR.MA/23673/2025 ORDER DATED: 18/11/2025 undefined
c) not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
d) be subjected to the conditions prescribed by the Juvenile Justice Board as per the provisions of law. Apart from the aforesaid conditions, to lay the apprehension of the learned APP to rest, the father and natural guardian of the Juvenile-applicant shall file an undertaking before the Juvenile Justice Board stating that, he shall take due care and caution to ensure that, henceforth, the Juvenile-applicant shall refrain himself from being in the company and influence of unruly and hot- headed individuals.
In the result, the present application is allowed. Rule is made absolute.
(UTKARSH THAKORBHAI DESAI, J) ANIRUDH OJHA Page 7 of 7 Uploaded by ANIRUDH OJHA(HC02370) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:35:56 IST 2025