Rajasthan High Court - Jodhpur
Ram Chandra vs State Of Rajasthan on 3 June, 2021
Bench: Manoj Kumar Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 229/2021
Ram Chandra S/o Shri Khiv Raj, Aged About 17 Years, resident
of Village Dhadheru Godran, Dhadheru Bhamwan, Tehsil Bidasar,
District Churu Through His Natural Guardian Shri Khivraj Son Of
Shri Bhanwar Lal, R/o Village Dhadheru Godran, Dhadheru
Bhamwan, Tehsil Bidasar, District Churu. (At Present Lodged In
Kishore Greh Churu).
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Ranveer Singh S/o Shri Kushal Singh, resident of Palana,
Dhesnok, District Bikaner.
----Respondents
For Petitioner(s) : Mr. Varun Arora, through V.C.
For Respondent(s) : Mr. Shravan Kumar, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION
JUDGE)
Judgment / Order
03/06/2021
Heard learned counsel for the petitioner (juvenile- through
his natural guardian and father Shri Khivraj son of Shri Bhanwar
Lal) as well as learned Public Prosecutor.
The allegation against the petitioner is for offences under
Sections 392 and 34 of the Indian Penal Code and Section 3/25 of
the Arms Act. The bail application filed by the petitioner under
Section 12 of the Act of 2015 before Principal Magistrate, Juvenile
Justice Board, Churu, was rejected vide order dated 16.02.2021.
Being aggrieved by the said order, an appeal was filed by the
petitioner before the learned Session Judge, Child Court, Churu,
(2 of 4) [CRLR-229/2021]
and the same has been dismissed by learned Appellate Court vide
impugned order dated 20.02.2021.
Being aggrieved of the orders dated 16.02.2021 and
20.02.2021 passed by the Courts below, the petitioner has
preferred this revision petition before this Court.
Learned counsel for the petitioner submits that there is no
evidence to show that if the juvenile-petitioner is released on bail,
then his release is likely to bring him into association with any
known criminal, or expose them to moral, physical or
psychological danger, or that his release would defeat the ends of
justice. It is argued that learned Courts below have not
appreciated the fact that the petitioner is juvenile and entitled to
get benefit of provisions of the Act of 2015. Section 12 of the Act
of 2015 clearly provides that if the accused is juvenile, then he
should be released on bail, but learned Courts below fully ignored
the provisions of the Act of 2015. The petitioner is in custody
since long time and no further detention of the petitioner is
required for any purpose. Learned counsel for the petitioner
further submitted that the gravity of the offence committed cannot
be a ground to decline bail to a juvenile.
On the other hand, learned Public Prosecutor defended the
impugned order passed by the Juvenile Justice Board in declining
the bail to the petitioner as also the judgment passed by the
Appellate Court upholding the order passed by the Juvenile Justice
Board.
I have carefully considered the submissions made by the
learned counsel for the parties and also perused the provisions of
the Act of 2015.
(3 of 4) [CRLR-229/2021]
The language of Section 12 of the Act of 2015 conveys the
intention of the Legislature to grant bail to the juvenile,
irrespective of nature or gravity of the offence, alleged to have
been committed by him and bail can be denied only in the case
where there appears reasonable grounds for believing that the
release 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 ends of justice.
In this context, I have also scanned through and perused the
orders passed by the courts below.
Having carefully examined provisions of the Juvenile Justice
Act vis-a-vis the orders passed by the courts below, I do not find
that any of the exceptional circumstances, to decline bail to a
juvenile, as indicated in Section 12 of the Act of 2015, is made
out. Moreover, the challan of the case has already been filed.
In view of the aforesaid discussion, this revision petition is
allowed and the order dated 16.02.2021 passed by Principal
Magistrate, Juvenile Justice Board, Churu as well as order dated
20.02.2021 passed by learned Session Judge, Child Court, Churu,
declining bail to the petitioner is hereby set aside.
Accordingly, it is ordered that the juvenile accused-petitioner
Ram Chandra S/o Shri Khiv Raj shall be released on bail in FIR
No.214/2020, Police Station Rajaldesar, District Churu, upon
furnishing personal bond by his natural guardian and father Shri
Khivraj son of Shri Bhanwar Lal in the sum of Rs.1,00,000/- each
along with a surety in the like amount to the satisfaction of
learned Principal Magistrate, Juvenile Justice Board, Churu with
the stipulation that on all subsequent dates of hearing, he shall
appear before the said court or any other court, during pendency
(4 of 4) [CRLR-229/2021]
of the investigation/trial in the case and that his guardian shall
keep proper look after of the delinquent child and secure him
away from the company of known criminals.
(MANOJ KUMAR GARG) VJ
81-Prashant/-
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