Rajasthan High Court - Jodhpur
X (Sanjay) vs State on 28 June, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 691/2020
X (Sanjay) S/o Ram Singh Kanjar, Aged About 16 Years, Being
Minor Through Natural Guardian Mother Smt. Heera Devi W/o
Ram Singh Kanjar, Aged 45 Years, R/o Jodhras, P.s. Pratapnagar,
Bhilwara, District Bhilwara. (At Present Lodged In Observation
Home, Bhilwara).
----Petitioner
Versus
1. State, Through P.P.
2. Suraj Karan Balai S/o Polu Ram Balai, Bheru Gate Kekdi
Thana Kekdi District Ajmer Presently R/o Near Jodhda Bas
Railway Fatak P.s. Sadar District Bhilwara.
----Respondents
For Petitioner(s) : Mr. Rakesh Matoria (through VC)
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
28/06/2021
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The petitioner being a child in conflict with law was confined
and lodged at the Observation Home, Bhilwara in connection with
FIR No.75/2019 registered at Police Station Sadar, Bhilwara for
the offences under Sections 363, 366-A, 344, 346, 376 (DB) and
120-B IPC and under Sections 3/4, 5(L)(F)/6 of the POCSO Act.
The bail application preferred on behalf of the petitioner under
Section 12 of the of Juvenile Justice (Care and Protection of
Children) Act, 2015 (hereinafter referred to as 'the Act of 2015')
was rejected by the Juvenile Justice Board, Paldi, Bhilwara vide
(2 of 3) [CRLR-691/2020]
order dated 24.07.2020. The appeal preferred on his behalf under
Section 101 of the Act of 2015 has been dismissed by learned
Special Judge, POCSO Act Cases, No.1, Bhilwara. These two
orders are assailed in this revision.
Shri Rakesh Matoria, learned counsel representing the
petitioner urges that the child is confined in this case since
22.04.2019. Inquiry is not proceeding. He further points out that
as a matter of fact, the petitioner and the victim were involved in
a long-standing affair. The prosecution theory regarding the victim
being 11 years of age is absolutely false. He thus urges that the
petitioner deserves indulgence of bail during pendency of the
inquiry.
No one has appeared on behalf of the complainant to oppose
the revision despite service.
Learned Public Prosecutor vehemently and fervently opposed
the submissions advanced by the petitioner's counsel. Nonetheless
he too does not dispute the fact that the petitioner was a young
boy aged less than 16 years on the date of the incident. He is
confined at the Observation Home, Bhilwara for the last more than
2 years and 2 months. There appears to be a bleak possibility of
conclusion of inquiry in near future looking to the prevailing
pandemic situation as only five witnesses have been examined so
far before the Juvenile Justice Board. As per the orders impugned
in this revision, the petitioner does not have any criminal
antecedents. The Juvenile Justice Board, while rejecting the bail of
the petitioner expressed that he may face moral, physical as well
as psychological dangers if he is released on bail. However, there
is no foundation for such apprehension. Law is well settled that
(3 of 3) [CRLR-691/2020]
merely the gravity of allegations/offences cannot be a ground to
deny bail to a child in conflict with law.
Thus, having regard to the facts and circumstances available
on record and upon a consideration of the arguments advanced at
the Bar, this Court is of the opinion that the petitioner is entitled to
be enlarged on bail. Hence, the order rejecting the application for
bail filed on behalf of the petitioner so also the order rejecting
petitioner's appeal, cannot be sustained and deserve to be set
aside.
Consequently, the instant revision is allowed. The impugned
order dated 24.07.2020 passed by learned Principal Magistrate,
Juvenile Justice Board, Paldi, District Bhilwara so also the order
dated 29.07.2020 passed by learned Special Judge, POCSO Act
Cases No.1, Bhilwara are set aside and it is ordered that the
accused-petitioner X (Sanjay) S/o Shri Ram Singh confined in
connection with F.I.R. No.75/2019, P.S. Sadar, Bhilwara shall be
released on bail; provided his natural guardian (father) Shri Ram
Singh furnishes a personal bond of Rs.50,000/- and two surety
bonds of Rs.25,000/- each to the satisfaction of the learned
Kishore Nyay Board 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
27-Sudhir Asopa/-
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