Rajasthan High Court - Jodhpur
Prakash (Minor) vs State on 9 July, 2021
Bench: Sandeep Mehta
(1 of 3) [CRLR-354/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 354/2021
'X' S/o Shri Kanhaiya Lal, Aged About 17 Years, Through His
Natural Guardian Father Shri Kanhaiya Lal S/o Shri Dal Ji, Aged
About 45 Years, R/o Village Solaj-Fala Sukhvela, P.s. Nithauwa,
District Dungarpur (Rajasthan). (Presently Lodged In Juvenile
Observation Home, Dungarpur).
----Petitioner
Versus
1. State, Through P.p.
2. Mana Ram S/o Shri Kaliya Bargot Meena, Village Devpura
Fala Adala, P.s. Nithauwa, District Dungarpur (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
09/07/2021
Notice of the respondent No.2 has not been served. Keeping
in view the position of law as altered by this Court in the case of
'X' Vs. State & Anr. being S.B. Criminal Revision Petition
No.494/2021 decided on 01.07.2021, the preliminary objection
raised by the learned Public Prosecutor that the complainant has
to be notified before deciding this revision petition is turned down.
The instant revision has been preferred by the petitioner-'X'
through his natural guardian 'X' S/o Shri Kanhaiya Lal (identity of
the petitioner being a child in conflict with law is 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 has been detained in connection with FIR
(2 of 3) [CRLR-354/2021]
No.26/2021, registered at the Police Station Nithauwa, District
Dungarpur for the offences under Sections 147, 148, 149, 341 and
302 of the IPC and is presently lodged at the Observation Home,
Dungarpur.
The application for bail filed on his behalf under Section 12 of
the Juvenile Justice (Care & Protection Of Children) Act, 2015 was
rejected by the Juvenile Justice Board, Dungarpur vide order
dated 18.03.2021. The appeal preferred against the said order has
been dismissed by the learned Children Court, Dungarpur
constituted under the Commissions for Protection of Child Rights
Act, 2005 vide order dated 26.03.2021. These two orders are
assailed in this revision.
I have heard and considered the submissions advanced by
the petitioner's counsel and learned Public Prosecutor and have
gone through the record.
The revision for bail filed on behalf of the co-CICL has been
accepted by this Court vide order dated 07.07.2021 passed in S.B.
Criminal Revision Petition No.374/2021. The case of the present
petitioner-CICL is in no manner distinguishable.
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 petitioner-CICL
deserves indulgence of bail during pendency of investigation and
inquiry.
Consequently, the instant revision is allowed. The impugned
order dated 18.03.2021 passed by learned Principal Magistrate,
Juvenile Justice Board, Dungarpur so also order dated 26.03.2021
passed by the Special Judge, POCSO Court, Dungarpur are set
aside. It is ordered that the accused-petitioner 'X' S/o Shri
(3 of 3) [CRLR-354/2021]
Kanhaiya Lal arrested in connection with F.I.R. No.26/2021
registered at the Police Station Nithauwa, District Dungarpur shall
be released on bail; provided his natural guardian i.e. father Shri
Kanhaiya Lal furnishes a personal bond of Rs.50,000/- and two
surety bonds of Rs.25,000/- each to the satisfaction of the learned
Juvenile Justice Board with the stipulation that the petitioner-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
126-Mamta/Devesh/-
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