Rajasthan High Court - Jodhpur
Himanshu vs State on 5 July, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 109/2021
Himanshu S/o Phool Shankar, Aged About 17 Years, Through
Natural Guardian Phool Shankar S/o Mav Ji Age 45 Years R/o
Hariyat Phala Mathugamda Pal Police Thana Sadar Dungarpur
District Dungarpur. (At Present In Child Observation Home
Dungarpur).
----Petitioner
Versus
1. State, Through Pp
2. Kanti Lal S/o Jeeva Ji Katara, R/o Fala Dungri
Mathugamda Pal Sadar Dungarpur Dist. Dungarpur.
----Respondents
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. S.S. Rajpurohit, PP
Mr. Abhishek Mehta, for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/07/2021
This criminal revision petition under Section 102 of
the Juvenile Justice (Care and Protection of Children) Act,
2015 (for short 'the Act of 2015' hereinafter) is directed
against the order dated 19.1.2021 passed by the Children
Court (Sessions Judge & Commissions for Protection of
Child Rights Act, 2005), Dungarpur (for short 'the
appellate court'), whereby the appellate court has
dismissed the appeal filed by the juvenile through his
natural guardian against the order dated 5.1.2021 passed
by the Principal Magistrate, Juvenile Justice Board,
Dungarpur (for short' the trial court' hereinafter) on an
(2 of 4) [CRLR-109/2021]
application under section 12 of the Act of 2015, whereby
the prayer for releasing the juvenile on bail was
dismissed by the trial court.
Learned counsel for the petitioner has submitted that
none of the eye witnesses has named the petitioner as an
assailant. It is further submitted that the petitioner has
been implicated in this case only on the basis of doubt
otherwise, the police have not collected any evidence to
connect the petitioner with the commission of crime.
Heard learned counsel for the parties and perused
the material available on record.
Section 12(1) of the Act of 2015 reads as under:
"12. (1) When any person, who is apparently a
child and is alleged to have committed a
bailable or non-bailable offence, is apprehended
or detained by the police or appears or brought
before a Board, such person shall,
notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974) or in
any other law for the time being in force, be
released on bail with or without surety or placed
under the supervision of a probation officer or
under the care of any fit person:
Provided that such person shall not be so
released if there appears reasonable grounds
for believing that the release is likely to bring
that person into association with any known
criminal or expose the said person to moral,
(3 of 4) [CRLR-109/2021]
physical or psychological danger or the person's
release would defeat the ends of justice, and
the Board shall record the reasons for denying
the bail and circumstances that led to such a
decision"
From perusal of Section 12(1) of the Act of 2015, it
is clear that a delinquent juvenile ordinarily has to be
released on bail irrespective of nature of offence alleged
to have been committed by him unless it is shown by
evidence that if he is released on bail, there appear
reasonable grounds for believing that the release of the
delinquent juvenile 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
the ends of justice. The nature of offence and the merits
of the case do not have any relevance. It is for the
prosecution to bring on record such material while
opposing the bail and make out any of the grounds
provided in the section, which may persuade the Court
not to release the juvenile on bail. But in this case, there
is nothing on record to show that the release of the
petitioner is likely to bring him into association with any
known criminal or expose to moral, physical or
psychological danger or that his release would defeat the
ends of justice.
(4 of 4) [CRLR-109/2021]
In view of the above discussion, this revision petition
is allowed. The impugned orders dated 19.1.2021 and
5.1.2021 are set aside and it is directed that petitioner -
Himanshu S/o Phool Shankar shall be released on bail
provided his natural guardian-father Phool Shankar S/o
Mav Ji furnishes a personal bond in the sum of
Rs.25,000/- with a surety bond in the like amount to the
satisfaction of the Principal Magistrate, Juvenile Justice
Board, Dungarpur with the stipulation that on all
subsequent dates of hearing, he shall produce the
petitioner before the Juvenile Justice Board, Dungarpur or
any other Court till the enquiry or trial is concluded.
(VIJAY BISHNOI),J
187- ms rathore
Powered by TCPDF (www.tcpdf.org)
