Dheeraj Kumar vs State
2021 Latest Caselaw 4739 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Revision Petition No. 20/2021

Dheeraj Kumar S/o Sh. Murari Lal, Aged About 16 Years, B/c Arora, R/o Ward No. 6, Village Khat Labana, Tehsil And District Sriganganagar (Raj.). Minor through his Natural Guardian Father Murali Lal.

(Presently Confined In Children Home, Sriganganagar).

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mrs.Aruna Negi, Adv.

Mr.Himmat Jagga, Adv.

For Respondent(s) : Mr.Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

19/02/2021

Heard learned counsel for the petitioner (juvenile- through

his natural guardian father-Murali Lal) as well as learned Public

Prosecutor appearing on behalf of the respondent-State.

The allegation against the petitioner is of offence under

Sections 302, 147 & 149 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, Sri Ganganagar was rejected vide order

dated 14.12.2020. Being aggrieved by the said order, an appeal

was filed by the petitioner before the learned Judge, Children

Court (Sessions Judge), Sri Ganganagar and the same has been

(2 of 4) [CRLR-20/2021]

dismissed by learned Sessions Judge vide order dated

19.12.2020.

Being aggrieved of the orders dated 14.12.2020 and

19.12.2020 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-20/2021]

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. Moreover, the challan of the case has already been presented

and co-accused Naveen Kumar has also been released on bail.

In view of the aforesaid discussion, this revision petition is

allowed and the order dated 14.12.2020 passed by the Principal

Magistrate, Juvenile Justice Board, Sri Ganganagar as well as

order dated 19.12.2020 passed by learned Judge, Children Court

(Sessions Judge), Sri Ganganagar declining bail to the petitioner is

hereby set aside.

Accordingly, it is ordered that the juvenile accused-petitioner

Dheeraj Kumar S/o Murari Lal shall be released on bail in FIR

No.257/2020, P.S. Sadar, Distt. Sri Ganganagar upon furnishing

personal bond by his natural guardian Murari Lal 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,

Sri Ganganagar with the stipulation that on all subsequent dates

(4 of 4) [CRLR-20/2021]

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

148-NK/-

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