Rajasthan High Court
Juvenile X S/O Late Shri Raju vs State Of Rajasthan (2024:Rj-Jp:2164) on 12 January, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:2164]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 34/2024
Juvenile X S/o Late Shri Raju, Aged About 18 Years, R/o House No.
B-48, New Mount Road, Near Fateh Ram Ki Tiba, Valmiki Basti,
Brahmpuri, Police Station Nahargarh Road, Jaipur North
(Presently Confined In Observation Home Jaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through P.p
2. Tikam Chand S/o Phool Chand, R/o 366, Gandhi Colony
Purani Basti, Nahargarh, Jaipur City (North)
----Respondents
For Petitioner(s) : Mr. Suresh Gurjar
Mr. Mahendra Kumar Saini
For Respondent(s) : Mr. Suresh Kumar, PP
Ms. Chhavi Chaturvedi
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
12/01/2024
Heard learned counsel for the petitioner (juvenile) through
his natural guardian, learned Public Prosecutor as well as learned
counsel for the respondent No.2.
The allegation against the petitioner is for offences under
Sections 143, 341, 323 and 307 of I.P.C. The bail application filed
by the petitioner under Section 12 of the Act of 2015 before
learned Juvenile Justice Board No.2, Jaipur was rejected vide order
dated 22.12.2023. Being aggrieved by the said order, an appeal
was filed by the petitioner before the learned Juvenile Court
(Sessions Judge) Jaipur Metropolitan-II (Winter Vacation Court) and
[2024:RJ-JP:2164] (2 of 4) [CRLR-34/2024]
the same has been dismissed by learned Appellate Court vide
impugned order dated 29.12.2023.
Being aggrieved of the orders dated 22.12.2023 and
29.12.2023 passed by the Courts below, the petitioner has
preferred this revision petition before this Court.
Learned counsel for the petitioner submits that the petitioner
has falsely been involved under Sections 143, 341, 323 and 307 of
I.P.C. He further submits that the injury caused to the injured is
found to be not dangerous to life. The learned trial court vide order
dated 22.09.2023 has enlarged the co-accused Dhruv Chedwal on
bail. The case of the juvenile is not identical to the co-accused
Dhruv Chedwal. The parties have entered to settle their dispute,
more so the trial of the case may take considerable time,
therefore, the revision petition may be allowed.
On the other hand, learned Public Prosecutor as well as
learned counsel appearing on behalf of respondent No.2 defend
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.
Learned Public Prosecutor submits that petitioner is having
criminal antecedents and is not under control of his parents. The
learned trial court has recorded the reasons at para No.8 of the
impugned order which is not entitled the petitioner to enlarge on
bail, therefore, revision petition of the petitioner may be
dismissed.
I have carefully considered the submissions made by the
learned counsel for the parties and also perused the provisions of
[2024:RJ-JP:2164] (3 of 4) [CRLR-34/2024]
the Act of 2015, more so considered the fact that co-accused
Dhruv Chedwal has already been enlarged on bail vide order dated
22.09.2023 and learned trial court has recorded the observation
that the injuries caused to injured Tikamchand are found to be
dangerous to life and simple in nature.
In this context, this Court also scanned through the record
and perused the orders passed by the courts below.
I do not find that there are chances that petitioner would
come into contact with the criminals.
Having carefully examined provisions of the Juvenile Justice
Act vis-a-vis the orders passed by the courts below, this Court does
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.
In view of the aforesaid discussion, this revision petition is
allowed and the order dated 22.12.2023 passed by the learned
Juvenile Justice Board No.2, Jaipur as well as order dated
29.12.2023 passed by learned Juvenile Court (Sessions Judge)
Jaipur Metropolitan-II (Winter Vacation Court), declining bail to the
petitioner are hereby set aside.
Accordingly, it is ordered that the juvenile accused-petitioner
Juvenile X S/o Late Shri Raju shall be released on bail in F.I.R.
No.164/2023 registered at Police Station Nahargarh (Jaipur City
(North), District Jaipur City (North) upon furnishing personal bond
by his natural guardian in the sum of Rs.1,00,000/- along with two
sureties in the sum of Rs.50,000/- each to the satisfaction of
learned Juvenile Justice Board No.2, Jaipur with the stipulation that
on all subsequent dates of hearing, he shall appear before the said
[2024:RJ-JP:2164] (4 of 4) [CRLR-34/2024]
court or any other court, during pendency of the investigation/trial
in the case and that his guardian shall properly look after the
delinquent child and secure him away from the company of known
criminals.
(PRAVEER BHATNAGAR),J
1-SURAJ KUMAR & RAHUL
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