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
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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
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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
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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
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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
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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;
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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
