Shivam vs State Of Rajasthan
2021 Latest Caselaw 8723 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 274/2021

Shivam S/o Hariom, Aged About 17 Years, Dhariyawad, District Pratapgarh. Through His Mother Natural Guardian Pinki W/o Hariom R/o Dhariyawad, District Pratapgarh. (At Present Lodged At Children Remand Home Pratapgarh).

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Arvind Labana S/o Kamal Chand Labana, R/o Khunta, P.s.

Dhariyawad, District Pratapgarh.

                                                                 ----Respondents


For Petitioner(s)         :        Mr. B.S. Deora
                                   Mr. K.P. Raj Singh
For Respondent(s)         :        Mr. S.S. Rajpurohit, PP.



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                      Order

01/04/2021

Heard learned counsel for the petitioner (juvenile- through his

natural guardian mother Pinki) as well as learned Public Prosecutor.

The allegation against the petitioner is of offence under

Sections 457, 380 IPC. The bail application filed by the petitioner

under Section 12 of the Act of 2015 before Principal Magistrate,

Juvenile Justice Board, Pratapgarh was rejected vide order dated

11.02.2021. Being aggrieved by the said order, an appeal was filed

by the petitioner before the learned District & Sessions Judge,

Pratapgarh, and the same has been dismissed by learned Appellate

Court vide impugned order dated 12.02.2021.

Being aggrieved of the orders dated 11.02.2021 and

12.02.2021 passed by the Courts below, the petitioner has preferred

this revision petition before this Court.

(2 of 3) [CRLR-274/2021]

Learned counsel for the petitioner submits that petitioner is

below 18 years of age and there is no evidence to show that if the

juvenile-petitioner is released on bail, then his release is likely to

bring them 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 petitioner is 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 the Act of 2015. The petitioner is in custody since

long time and no further detention of the petitioner is required for

any purpose. Learned counsel for the petitioner 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 petitioner 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

(3 of 3) [CRLR-274/2021]

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.

In view of the aforesaid discussion, this revision petition is

allowed and the order dated 11.02.2021 passed by the Principal

Magistrate, Juvenile Justice Board, Pratapgarh as well as order dated

12.02.2021 passed by learned District & Sessions Judge, Pratapgarh,

declining bail to the petitioner are hereby set aside.

It is ordered that the juvenile accused-petitioner Shivam S/o

Hariom, shall be released on bail in FIR No.05/2021 Police Station

Parsola, District Pratapgarh upon furnishing a personal bond by his

natural guardian mother (Pinki W/o Hariom), in the sum of

Rs.1,00,000/- along with a surety in the like amount to the

satisfaction of learned Principal Magistrate, Juvenile Justice Board,

Pratapgarh; with the stipulation that on all subsequent dates of

hearing, he shall appear before the said court or any other court,

during pendency of the investigation/trial in the case and that his

guardian shall keep proper look after of the delinquent child and

secure him away from the company of known criminals.

(MANOJ KUMAR GARG),J 123-Ishan/-

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