Gujarat High Court
Anup Devendrasingh Tomar Thro ... vs State Of Gujarat on 11 January, 2024
NEUTRAL CITATION
R/CR.RA/47/2024 ORDER DATED: 11/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR REGULAR BAIL)
NO. 47 of 2024
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ANUP DEVENDRASINGH TOMAR THRO DEVENDRASINGH AMARSINGH
TOMAR
Versus
STATE OF GUJARAT
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Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
MR.RISHABHSINGH N BHADAVRIA(14414) for the Applicant(s) No. 1
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 11/01/2024
ORAL ORDER
RULE. Learned Additional Public Prosecutor appears and waives
service of notice of rule on behalf of the respondent-State.
1. By this application filed under Section 102 of the Code of
Criminal Procedure, 1973, the applicant is seeking release of the
child in conflict with law on regular bail in connection with the FIR
being I-C.R.No.11191033230558 of 2023 registered with
Meghaninagar Police Station, Ahmedabad for the offences
punishable under Sections 302, 294(B), 143, 147, 148, 149 and
337 of the Indian Penal Code, 1860 as also Section 135 (1) of the
Gujarat Police Act as well as all proceedings arising out of the said
FIR.
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R/CR.RA/47/2024 ORDER DATED: 11/01/2024
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2. Learned advocate for the applicant submits that the role
attributed to the role of the child in conflict with law is that he had
taken an iron pipe and hit the deceased on his body and legs
whereas the other co-accused have been attributed with taking
dagger and heating the deceased on his head. That the Juvenile
Justice Board and the learned City Civil Judge, Court No. 2 has
rejected the application merely on the ground that child in conflict
with law is alleged to have been involved in a very serious heinous
crime under Section 302 of the Indian Penal Code, 1860.
2.1 Learned advocate for the applicant relies on the
judgment passed in Criminal Appeal No. 299 of 2019 in the
case of Shivam (Minor) versus State of Uttar Pradesh and
Anr. by the High Court of Judicature at Allahbad wherein
it is observed that the bail applications of juveniles, Juvenile
Justice (Care and Protection of Children) Act, 2015 as under;
"11. It is pertinent to mention here that Section 12
of the Juvenile Justice (Care and Protection of
Children) Act has not been amended so far as the
parameters and yardstick for granting bail to the
juvenile-accused is concerned. Therefore, while
rejecting the bail application of such juvenile, it
cannot be the criteria that the alleged offence is of
serious and heinous nature. The order must show
that the grant of bail to the juvenile-accused is
against his interest as there is possibility of his
being associated with known criminals; or there is
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some short of moral, physical or psychological
danger to him or there is likelihood of end of justice
being defeated. All these conditions have beenl
incorporated in law in order to ensure justice to the
juvenile."
3. On the other hand, learned APP appearing for the
respondent - State vehemently submits that, the offences, which
have been charged, are serious in nature affecting the society at
large and looking to the facts as well as the allegations made
against the child in conflict with law, no discretion would be
required to be exercised.
4. In the facts and circumstances of the case and considering
the nature of allegations, this Court is of the opinion that, discretion
is required to be exercised to enlarge the child in conflict with law
on regular bail. This Court has considered the following facts while
exercising discretion in favour of the child in conflict with law:-
(i) investigation is over and charge-sheet
is filed;
(ii) there is no active role of the present
child in conflict with law in the offence;
(iii) the applicant is directed to file affidavit
before the Juvenile Justice Board at the time
of the child in conflict with law that he will all
take care to ensure that the child in conflict
with law is not associated with any known
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R/CR.RA/47/2024 ORDER DATED: 11/01/2024
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criminals and he will not indulge in any
criminal offence:
5. In view of the aforesaid facts, without discussing the
evidence in detail, this Court, prima facie, is of the opinion that, this
is a fit case to exercise the discretion and enlarge the child in
conflict with law on regular bail. Hence, present application is
allowed and the child in conflict with law is ordered to be released
on regular bail in connection with the FIR being I-C.R.No. I-
C.R.No.11191033230558 of 2023 registered with Meghaninagar
Police Station, Ahmedabad on the applicant executing personal
bond of Rs.10,000/- (Rupees Ten thousand only) with one surety
of the like amount to the satisfaction of the learned Trial Court and
subject to the conditions that the child in conflict with law shall;
[a] not take undue advantage of liberty or
misuse liberty;
[b] not act in a manner injuries to the
interest of the prosecution;
[c] not leave India without prior permission
of the Sessions Judge concerned;
[d] the applicant shall furnish latest address
of residence of the child in conflict with law to
the Investigating Officer and also to the Court
at the time of execution of the bond and shall
not change the residence without prior
permission of the trial Court;
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6. The Authorities will release the child in conflict with law only
if he is not required in connection with any other offence for the
time being. If breach of any of the above conditions is committed,
the learned Trial Court will be free to issue warrant or take
appropriate action in the matter. Bail bond to be executed before
the learned Lower Court having jurisdiction to try the case. It will
be open for the concerned Court to delete, modify and/or relax any
of the above conditions, in accordance with law. At the trial,
learned Trial Court shall not be influenced by the observations of
preliminary nature, qua the evidence at this stage, made by this
Court while enlarging the child in conflict with law on bail.
7. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
(S. V. PINTO,J)
VVM
