Vipul vs State Of Rajasthan
2021 Latest Caselaw 10262 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 346/2021

1. 'X' S/o Bhanwar Lal, Aged About 17 Years, Jhupelao Police Station Shivpura, District Pali Through Guardian Father Bhanwar Lal. (At Present Lodged In Observation Home, Jodhpur).

2. 'X' S/o Bhanwar Lal, Aged About 15 Years, Naya Gaon, Police Station Shivpura, District Pali Through Guardian Father Bhanwara Lal. (At Present Lodged In Observation Home, Jodhpur).

----Petitioners Versus

1. State Of Rajasthan, Through P.p.

2. Jetha Ram S/o Kana Ram, By Caste Devasi, R/o Devasiyo Ki Dhani, Village Khutaliya, Tehsil Bilara, District Jodhpur.

                                                                ----Respondents


For Petitioner(s)        :     Mr. C.S. Rajpurohit
For Respondent(s)        :     Mr. Mohd. Javed, PP
For Complainant(s)       :     Mr. Sharwan Singh Rathore



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                    Order

07/07/2021

The instant revision has been preferred by the petitioners-'X'

through their natural guardian 'X' S/o Bhanwar Lal and 'X' S/o

Bhanwar Lal (identity of the petitioners being children in conflict

with law are not being disclosed in view of the Supreme Court

judgment in the case of Shilpa Mittal Vs. State of NCT, Delhi &

Ors. reported in AIR 2020 SC 405), who have been detained in

connection with FIR No.598/2020 registered at the Police Station

Bilara, District Jodhpur for the offences under Sections 363, 366A,

(2 of 3) [CRLR-346/2021]

376DA of the IPC and Section 5/6 of the POCSO Act and are

presently lodged at the Observation Home, Jodhpur.

The application for bail filed on their behalf under Section 12

of the Juvenile Justice (Care & Protection Of Children) Act, 2015

was rejected by the Juvenile Justice Board, Jodhpur vide order

dated 16.03.2021. The appeal preferred against the said order has

been dismissed by the learned Special Judge, Children Court,

constituted under the Commissions for Protection of Child Rights

Act, 2005 vide order dated 23.03.2021. These two orders are

assailed in this revision.

I have heard and considered the submissions advanced by

the petitioner's counsel, learned Public Prosecutor and learned

counsel for the complainant and have gone through the impugned

orders and the challan papers.

There are grave contradictions in the two statements of the

victim Mst.'S', one recorded under Section 161 Cr.P.C. and the

other under Section 164 Cr.P.C.. In the statement of the victim

Mst.'S' recorded under Section 164 Cr.P.C., the petitioners herein

were not named by her as being the assailants.

In this background, I am of the view that the conditions of

Section 12 of the Juvenile Justice (Care & Protection Of Children)

Act, 2015 are duly satisfied and hence, the petitioners-CICL

deserve indulgence of bail during pendency and investigation of

the inquiry.

Consequently, the instant revision is allowed. The impugned

order dated 16.03.2021 passed by learned Principal Magistrate,

Juvenile Justice Board, Jodhpur so also order dated 23.03.2021

passed by the learned Special Judge, Children Court, Jodhpur are

set aside. It is ordered that the accused-petitioners 'X' S/o

(3 of 3) [CRLR-346/2021]

Bhanwar Lal and 'X' S/o Bhanwar Lal arrested in connection with

F.I.R. No.598/2020 registered at the Police Station Bilara, District

Jodhpur shall be released on bail; provided their natural guardian

i.e. their father Bhanwar Lal furnishes a personal bond of

Rs.50,000/- each and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned Juvenile Justice Board with the

stipulation that the petitioners-CICL shall appear before the Board

on all dates of hearing during inquiry and as and when called upon

to do so.

(SANDEEP MEHTA),J

56-Mamta/-

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