HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 436/2021
1. Shishpal Singh S/o Shri Halsingh, Aged About 16 Years, By Caste Rajpoot, R/o 21 Wali Aabadi, Charnwala, Police Station Bajju, District Bikaner, Through Natural Guardian Father Halsingh S/o Shri Bherusingh Rajpoot R/o Charnwala, District Bikaner.
2. Samundar Singh S/o Taneraj Singh, Aged About 17 Years, By Caste Rajpoot, R/o 21 Wali Aabadi, Charnwala, Police Station Bajju, District Bikaner, Through Natural Guardian Father Taneraj Singh S/o Shri Sagat Singh Rajpoot R/o Charnwala, District Bikaner.
3. Sumar Singh S/o Shri Khuman Singh, Aged About 17 Years, By Caste Rajpoot, R/o 21 Wali Aabadi, Charnwala, Police Station Bajju, District Bikaner, Through Natural Guardian Father Khuman Singh S/o Shri Chain Singh Rajpoot R/o Charnwala, District Bikaner. (Petitioners are in custody Of Children Welfare Home Bikaner).
----Petitioners Versus State Of Rajasthan
----Respondent For Petitioner(s) : Mr.Manish Dadhich, Adv. through VC For Respondent(s) : Ms.Anita Gehlot, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION JUDGE) Order 01/06/2021 Learned counsel for the petitioners has filed an application for taking the amended cause title on record.
For the reasons mentioned in the application (IA No.1/2021), the application is allowed. Amended cause title is taken on record. (Downloaded on 01/06/2021 at 08:28:39 PM)
(2 of 4) [CRLR-436/2021] The same be placed at appropriate place of the file. The matter is heard on merit today itself.
The allegation against the petitioners is of offence under Sections 341, 323, 342, 365 & 506 IPC, Section 5(U)/10 of Protection of Children from Sexual Offences Act and Section 67 of the IT Act. The bail application filed by the petitioners under Section 12 of the Juvenile Justice (Care and Protection of Children). Act, 2015 before the Principal Magistrate, Juvenile Justice Board, Bikaner was rejected vide order dated 19.04.2021. Being aggrieved by the said order, an appeal was filed by the petitioners before the learned Special Judge (POCSO Act Cases), Bikaner and the same has been dismissed by learned Special Judge vide order dated 28.04.2021.
Being aggrieved of the orders dated 19.04.2021 and 28.04.2021 passed by the Courts below, the petitioners have preferred this revision petition before this Court.
Learned counsel for the petitioners submits that co-accused Kishan Singh and Magh Singh have already been released on bail and the case of the petitioners is similar to those of the co- accused. It is further submitted that there is no evidence to show that if the juvenile-petitioners are released on bail, then his release is likely to bring him into association with any known criminal, or expose them to moral, physical or psychological danger, or that his release would defeat the ends of justice. It is argued that learned Courts below have not appreciated the fact that the petitioners are juvenile and entitled to get benefit of provisions of the Act of 2015. Section 12 of the Act of 2015 clearly provides that if the accused is juvenile, then he should be released on bail, but learned Courts below fully ignored the provisions of (Downloaded on 01/06/2021 at 08:28:39 PM) (3 of 4) [CRLR-436/2021] the Act of 2015. The petitioners are in custody since long time and no further detention of the petitioners are required for any purpose. Learned counsel for the petitioners further submitted that the gravity of the offence committed cannot be a ground to decline bail to a juvenile.
On the other hand, learned Public Prosecutor defended the impugned order passed by the Juvenile Justice Board in declining the bail to the petitioners as also the judgment passed by the Appellate Court upholding the order passed by the Juvenile Justice Board.
I have carefully considered the submissions made by the learned counsel for the parties and also perused the provisions of the Act of 2015.
The language of Section 12 of the Act of 2015 conveys the intention of the Legislature to grant bail to the juvenile, irrespective of nature or gravity of the offence, alleged to have been committed by him and bail can be denied only in the case where there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal, or expose him to moral, physical or psychological danger, or that his release would defeat ends of justice.
In this context, I have also scanned through and perused the orders passed by the courts below.
Having carefully examined provisions of the Juvenile Justice Act vis-a-vis the orders passed by the courts below, I do not find that any of the exceptional circumstances, to decline bail to a juvenile, as indicated in Section 12 of the Act of 2015, is made out.
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(4 of 4) [CRLR-436/2021] In view of the aforesaid discussion, this revision petition is allowed and the order dated 19.04.2021 passed by the Principal Magistrate, Juvenile Justice Board, Bikaner as well as order dated 28.04.2021 passed by learned Special Judge, (POCSO Act Cases), Bikaner declining bail to the petitioners is hereby set aside.
Accordingly, it is ordered that the juvenile accused- petitioners (1) Shishpal Singh S/o Halsingh, (2) Samundar Singh S/o Taneraj Singh, (3) Sumar Singh S/o Khuman Singh shall be released on bail in FIR No. 81/2021, P.S. Bajju, Distt. Bikaner upon furnishing personal bond by their respective natural guardian father in the sum of Rs.1,00,000/- each along with a surety in the like amount to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Bikaner with the stipulation that on all subsequent dates of hearing, they shall appear before the said court or any other court, during pendency of the investigation/trial in the case and that their guardian shall keep proper look after of the delinquent child and secure them away from the company of known criminals.
(MANOJ KUMAR GARG) VJ 81-NK/-
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