Rajasthan High Court - Jodhpur
Anil vs State Of Rajasthan on 6 April, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 329/2021
Anil S/o Ram Singh @ Ramchandra, Aged About 14 Years, R/o
Kelapada, Dunglawani P.S. Ghntali, Dist. Pratapgarh (Raj.). Minor
Through His Natural Guardian Father Ram Singh @ Ramchandra,
Aged About 46 Years, R/o Kelapada, Dunglawani P.s. Ghntali,
Dist. Pratapgarh (Raj.).
Child In Conflict With Law. (At Present Lodged At Children
Observation Home Pratapgarh).
----Petitioner
Versus
1. State Of Rajasthan
2. Mohan Lal S/o Bheraji Meghwal, Aged About 40 Years,
R/o Mugana, P.S. Parsola, Dist. Pratapgarh.
----Respondents
For Petitioner(s) : Mr.K.P.Raj Singh, Adv.
For Respondent(s) : Mr.Sudheer Tak, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/04/2021
Heard learned counsel for the petitioner (juvenile- through
his natural guardian father Ram Singh @ Ramchandra ) as well as
learned Public Prosecutor appearing on behalf of the respondent
no.1-State.
The allegation against the petitioner is of offence under
Sections 379 IPC. The bail application filed by the petitioner under
Section 12 of the Juvenile Justice (Care and Protection of
Children). Act, 2015 before the Principal Magistrate, Juvenile
Justice Board, Pratapgarh was rejected vide order dated
11.02.2021. Being aggrieved by the said order, an appeal was
(2 of 4) [CRLR-329/2021]
filed by the petitioner before the learned Sessions Judge,
Pratapgarh and the same has been dismissed by learned Sessions
Judge vide order dated 24.02.2021.
Being aggrieved of the orders dated 11.02.2021 and
24.02.2021 passed by the Courts below, the petitioner has
preferred this revision petition before this Court.
Learned counsel for the petitioner submits that there is no
evidence to show that if the juvenile-petitioner is 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 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.
(3 of 4) [CRLR-329/2021]
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.
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 24.02.2021 passed by learned Sessions Judge, Pratapgarh
declining bail to the petitioner is hereby set aside.
Accordingly, it is ordered that the juvenile accused-petitioner
Anil S/o Ram Singh @ Ramchandra shall be released on bail in FIR
No.27/2020, Parsola, upon furnishing personal bond by his natural
guardian father Ram Singh @ Ramchandra 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,
Pratapgarh with the stipulation that on all subsequent dates of
hearing, he shall appear before the said court or any other court,
(4 of 4) [CRLR-329/2021]
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
116-NK/-
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