Rajasthan High Court - Jodhpur
Harpreet Singh @ Jassu vs State Of Rajasthan on 9 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 407/2021
X S/o Sh. Dilavar Singh, Aged About 15 Years, Ward No. 8,
Patroda, Tehsil Anupgarh Dist. Sriganganagar Through Natural
Guardian Dilavar Singh S/o Shri Iqbal Singh, Aged 48 Years, R/o
Ward No. 8, Patroda, Tehsil Anupgarh, Dist. Sriganganagar. (At
Present Lodged In Observation Home, Sri Ganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Lal Chand S/o Panchu Ram, Aged About 58 Years, B/c
Rajput, Ward No. 11, Patroda P.s. Anupgarh Dist. Sri
Ganganagar.
----Respondents
For Petitioner(s) : Mr.Sudarshan Kumar Laddha through VC
For Respondent(s) : Mohd.Javed Gouri, P.P.
For Complainant(s) : Mr.Kuldeep Sharma, through VC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
09/07/2021
The instant revision has been preferred by the petitioner-'X'
through his natural guardian S/o Dilavar Singh (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 confined in connection with FIR No.32/2021
registered at the Police Station Anupgarh, District Sriganganagar
for the offences under Sections 376 and 342 IPC and 3/4 of
POCSO Act and is presently lodged at the Observation Home,
Sriganganagar.
(2 of 3) [CRLR-407/2021]
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, Sriganganagar vide order
dated 24.3.2021. The appeal preferred against the said order has
been dismissed by the learned Special Judge, POCSO Act,
Sriganganagar constituted under the Commissions for Protection
of Child Rights Act, 2005 vide order dated 6.4.2021. 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 challan
papers.
The petitioner is a young boy of about 15½ years and he is
confined in this case since 25.1.2021. The petitioner's academic
record is outstanding as per the marksheet placed on record. After
going through the statements of the alleged victim Mst.B recorded
under Sections 161 Cr.P.C. and 164 Cr.P.C. and considering the
tender age of the petitioner, his academic record and the
medicolegal report of the victim, I am of the view that the
petitioner deserves indulgence of bail.
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 the inquiry.
Consequently, the instant revision is allowed. The impugned
order dated 24.3.2021 passed by learned Principal Magistrate,
Juvenile Justice Board, Sriganganagar so also order dated
6.4.2021 passed by the learned Special Judge, POCSO Act,
Sriganganagar are set aside. It is ordered that the accused-
petitioner X S/o Dilavar Singh arrested in connection with F.I.R.
(3 of 3) [CRLR-407/2021]
No32/2021 registered at the Police Station Anupgarh, District
Sriganganagar shall be released on bail; provided his natural
guardian i.e. father 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
/tarun goyal/ 18
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