Rajasthan High Court - Jodhpur
Dev Kishan vs State on 8 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 489/2021
X S/o Shri Roopa Ram, Aged About 15 Years, R/o Near Vivek Bal
School, Nathusar Bas, P.s. Naya Shahar, District Bikaner Through
His Natural Guardian Father Roopa Ram S/o Shri Heera Ram, R/o
Near Vivek Bal School, Nathusar Bas, P.s. Naya Shahar, District
Bikaner. (At Present Lodged In Kishore Greh Bikaner)
----Petitioner
Versus
1. State, Through PP
2. Mool Chand Modi S/o Shri Ganesh Lal, B/c Soni, R/o
Ratan Sagar Kunwa, District Bikaner (Raj.)
----Respondents
For Petitioner(s) : Mr. Varun Arora (through VC)
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
08/07/2021
The petitioner child 'X' son of Mr. Roopa Ram in conflict with
law (identity of the child has been protected in view of the
direction given by Hon'ble the Supreme Court in the case of
Shilpa Mittal vs. State of NCT of Delhi & Ors. reported in
AIR 2020 SC 405) has been confined in connection with FIR
No.58/2021 registered at Police Station Kotgate, District Bikaner
for the offences under Sections 392 & 411/34 of the IPC and is
lodged at the Kishore Gruh, Bikaner. The bail application preferred
on his behalf by his natural guardian father Mr. Roopa Ram under
Section 12 of the Juvenile Justice Act stands rejected by the
Principal Magistrate, Juvenile Justice Board, Bikaner by order
(2 of 3) [CRLR-489/2021]
dated 04.06.2021. The appeal preferred against the said order
under Section 101 of the Juvenile Justice Act also stands rejected
by the learned Child Court, Bikaner by order dated 09.06.2021.
These two orders are assailed by the petitioner through his natural
guardian in this revision preferred under Section 397 of the Cr.P.C.
read with Section 401 CrPC and Section 102 of the Juvenile Justice
Act.
I have heard and considered the submissions advanced by
learned counsel representing the parties and have gone through
the impugned orders.
Learned Public Prosecutor has placed on record the Probation
Officer's report which indicates that the child in conflict with law is
becoming rebellious/disobedient in the observation home and the
Probation officer has expressed that restoration of the petitioner
chilld to the family would be fruitful in his interest and in the
interest of society.
The petitioner has been implicated in five different cases for
offences i.e., 379, 394/34, 392/34, 323/34 and 382/34 of IPC. On
going through the challan papers, it is apparent that the FIRs were
lodged against unknown persons. The petitioner was confined in
one case and then, he has been taken into custody in other cases
as well. The challan papers do not indicate that the petitioner has
been subjected to test identification proceedings. The bail of the
major accused Vikram Bishnoi who is also involved in two criminal
cases has been accepted by this Court.
In this background, considering the overall facts and
circumstances as available on record, this Court feels that the
petitioner child in conflict with law deserves indulgence of bail
during the pendency of the inquiry before the Juvenile Justice
(3 of 3) [CRLR-489/2021]
Board subject to the condition that his natural guardian father Mr.
Roopa Ram furnishes an undertaking before the Juvenile Justice
Board that he shall ensure that the petitioner child does not
re-indulge in similar offences after being released on bail and
every measure is taken to ensure that the petitioner child does not
come in contact with known/unknown criminals during the
pendency the inquiry.
Consequently, the instant revision is allowed. The impugned
order dated 09.06.2021 passed by the learned Child Court,
Bikaner and the order dated 04.06.2021 passed by learned
Principal Magistrate, Juvenile Justice Board, Bikaner are set aside.
It is ordered that the accused-petitioner 'X' S/o Mr. Roopa Ram
arrested in connection with FIR No.58/2021 registered at Police
Station Kotgate, District Bikaner shall be released on bail;
provided his natural guardian Mr. Roopa Ram furnishes an
undertaking as mentioend above and a personal bond of
Rs.50,000/- and two surety bonds of Rs.25,000/- each to the
satisfaction of the learned court below with the stipulation to
appear before the Board on all dates of hearing and as and when
called upon to do so.
(SANDEEP MEHTA),J
137-Sudhir Asopa/-
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