Rajasthan High Court - Jodhpur
X vs State Of Rajasthan on 29 June, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 280/2021
X S/o Sh. Benath, Aged About 17 Years, (Minor), R/o Sankhliya,
P.s. Phuliakalan, Dist. Bhilwara Through His Natural Guardian
Maternal Uncle Narayan S/o Sh. Ram Karan, R/o Dhanop, P.s.
Phuliakalan, Dist. Bhilwara. (Presently Detained In Observation
Home At Bhilwara).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Jailal Gurjar S/o Gheesa Gurjar, R/o Sankhalia, Phulia
Kalan, Dist. Bhilwara.
----Respondents
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
29/06/2021
The petitioner 'X' S/o Benath through his natural guardian
maternal uncle Narayan (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) has been confined in
connection with FIR No.163/2020 registered at the Police Station
Phuliakalan, District Bhilwara for the offences under Sections 147,
148, 452, 341, 323, 325, 427 and 302 of the IPC and is presently
lodged at the Observation Home, Bhilwara.
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, Paladi, District Bhilwara
(2 of 3) [CRLR-280/2021]
vide order dated 23.02.2021. The appeal preferred against the
said order has been dismissed by the Sessions Judge, Bhilwara
vide order dated 06.03.2021. These two orders are assailed in this
revision under Section 102 of the Juvenile Justice (Care &
Protection Of Children) Act, 2015.
No one has appeared to oppose the revision on behalf of the
respondent No.2-complainant, despite service of notice.
I have heard and considered the submissions advanced by
the petitioner's counsel and the learned Public Prosecutor and
have gone through the material available on record.
The petitioner child is one amongst the 22 persons arraigned
as accused in the above FIR wherein, allegations are set out that
all the accused persons, indiscriminately assaulted and caused
numerous injuries to Gheesa Gurjar as a result whereof, he
expired. On a perusal of the statements of the material eye-
witnesses viz. Jailal (first informant), Parmeshwar, Smt. Sita Devi,
Gopal Lal, Ramkishan and Onad, it is clear that omnibus
allegations have been attributed by these witnesses to all the
accused persons regarding assault made on the deceased. Bail
applications of the adult accused persons namely Chhotu Singh,
Harji and Ramkishan have been accepted by this Court vide orders
dated 10.03.2021, 22.03.2021 and 10.06.2021 passed in S.B.
Criminal Misc. Bail Applications Nos. 2339/2021, 3816/2021 and
7631/2021.
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/child
deserves indulgence of bail during pendency and investigation and
inquiry before the Juvenile Justice Board.
(3 of 3) [CRLR-280/2021]
Consequently, the instant revision is allowed. The impugned
order dated 23.02.2021 passed by learned Principal Magistrate,
Juvenile Justice Board, Paladi, District Bhilwara so also order dated
06.03.2021 passed by the Sessions Judge, Bhilwara are set aside.
It is ordered that the accused-petitioner X S/o Sh. Benath
arrested in connection with F.I.R. No163/2020 registered at the
Police Station Phuliakalan, District Bhilwara shall be released on
bail; provided his natural guardian i.e. maternal uncle Narayan S/o
Ram Karan 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 to appear before the
Board on all dates of hearing and as and when called upon to do
so.
(SANDEEP MEHTA),J
37-Mamta/-
Powered by TCPDF (www.tcpdf.org)
