K vs State Of Rajasthan
2022 Latest Caselaw 3198 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 904/2021

'K' S/o Shri Sevak Singh, Aged About 19 Years, B/c Majbi Sikh, R/o Ward No. 24, Dhakka Basti, New Mandi, Gharsana, District Sri Ganganagar.

(Present Lodged At Observation Home, Sri Ganganagar)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt. Savitri Devi W/o Hajari Ram, Aged About 40 Years, B/c Nayak, R/o Ward No. 19, Dhakka Basti, New Mandi Gharsana, Distt. Sri Ganganagar.

----Respondents

For Petitioner(s) : Mr. Vivek Aggarwal, through V.C. For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

02/03/2022

This is the second criminal revision petition. Earlier, criminal

revision petition preferred by the petitioner was dismissed on

05.12.2020 with liberty to file fresh after recording the statement

of the complainant-Savitri.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor.

The allegation against the petitioner is for offence under

Sections 302, 34 of IPC. The bail application filed by the petitioner

under Section 12 of the Act of 2015 before the learned Children

Court (Sessions Judge), Sriganganagar, in Criminal Misc. Case

No.708/2021 was rejected vide order dated 22.10.2021.

(2 of 3) [CRLR-904/2021]

Being aggrieved of the order dated 22.10.2021 passed by

the Court below, the petitioner has preferred this revision petition

before this Court.

Learned counsel for the petitioner submits that now the

complainant-Savitri has been examined in the trial court as P.W.1.

In her statement, there are material contradictions, improvement

and omissions. Counsel further states that the petitioner is in

juvenile home since 25.06.2019 and there is no evidence to show

that if the juvenile-petitioner is released on bail, then his release

is likely to bring them into association with any known criminal, or

expose them to moral, physical or psychological danger, or that

their release would defeat the ends of justice.

On the other hand, learned Public Prosecutor defended the

impugned order passed by the learned Children Court (Sessions

Judge), Sriganganagar in declining the bail to the petitioner.

I have considered the arguments advanced before me and

gone through the material available on record.

Taking into account the facts and circumstances of the case,

without commenting on the merits of the case, this Court deems it

just and proper to release the petitioner on bail.

Accordingly, the second revision petition is allowed and it is

ordered that the juvenile accused-petitioner 'K' S/o Shri Sevak

Singh, shall be released on bail in FIR No.237/2019 Police Station

Gharsana, District Sriganganagar upon furnishing a personal bond

by his natural natural guardian / father Shri Sevak Singh in the

sum of Rs.1,00,000/- along with a surety in the like amount to the

satisfaction of learned learned Children Court (Sessions Judge),

Sriganganagar; with the stipulation that on all subsequent dates

(3 of 3) [CRLR-904/2021]

of hearing, he shall appear before the said court or any other

court, during pendency of the investigation/trial in the case and

that their guardian shall keep proper look after of the delinquent

child and secure them away from the company of known

criminals.

(MANOJ KUMAR GARG),J 157-prashant/-

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