[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Juvenile G vs State Of Rajasthan (2026:Rj-Jd:16842) on 10 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:16842]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 493/2026
Juvenile G S/o Premaram, Aged About 16 Years, Resident Of
Indokha, Police Station Chitawa, District Didwana-Kuchaman
Rajasthan, Through His Natural Guardian/father Premaram S/o
Hazariram, Resident Of Indokha, Tehsil Nawa, District Didwana-
Kuchaman Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. K D/o Late Mannaram Gurjar, Through Her Natural
Guardian Maternal Grandfather Sh Nathu Ram R/o
Ladadiya Presently R/o Of Indokha P.s. Chitawa Dist.
Didwana Kuchaman
----Respondents
For Petitioner(s) : Mr. Jaideep
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/04/2026
1. The juvenile 'G' son of Shri Premaram has been confined in
connection with FIR No.133/2025 registered at Police Station
Maroth, District Didwana - Kuchaman for the offences under
Sections 70(2), 64(1), 351(2), 308(2), 61(2) of BNS and 3/4,
5(G)/6, 118/12 & 16/17 of the POCSO Act & 67-B of the IT Act.
He is lodged at the Child Observation Home. The bail application
preferred under Section 12 of the Juvenile Justice Act, 2015 by the
juvenile through amicus curiae was dismissed by the learned
Juvenile Justice Board, Didwana-Kuchaman vide order dated
13.03.2026. An appeal was preferred under Section 101 of the
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[2026:RJ-JD:16842] (2 of 4) [CRLR-493/2026]
Juvenile Justice Act, 2015 against the said order before the
learned Session Judge (Children's Court), Didwana-Kuchaman
which also came to be dismissed vide order dated 17.03.2026 and
the order passed by the learned Board was upheld. Aggrieved by
the aforesaid two orders, the present revision petition has been
filed under Section 102 of the Juvenile Justice Act read with
Section 397/401 of the Cr.P.C.
2. Learned counsel for the juvenile-petitioner submits that the
Juvenile Justice Board as well as the learned court below has
grossly erred in rejecting the bail application of the juvenile-
petitioner. They have failed to consider the correct factual and
legal aspects of the case. The juvenile has been detained at the
Child Observation Home since quite some time and looking at the
pace at which the trial is proceeding, it will likely take long time to
conclude. The Juvenile Justice Board has treated the accused as
juvenile. He further submits that there is no possibility of the
juvenile-petitioner absconding. There is nothing on record that
may debar him from getting released on bail, therefore, it is
humbly prayed that the impugned orders be set aside and the
juvenile be released on bail.
3. Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the juvenile-petitioner and submits
that since the matter pertains to commission of a grave offence,
the petitioner is not deserving of being released on bail.
4. Heard.
5. A perusal of the statement of victim making it abundantly
clear that there are no allegations of molestation or rape upon the
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[2026:RJ-JD:16842] (3 of 4) [CRLR-493/2026]
petitioner rather her statement is exculpatory in nature in relation
to him.
6. From the perusal of Section 12(1) of the Act of 2015, it is
established legal position that a delinquent juvenile ordinarily has
to be released on bail irrespective of nature of offence alleged to
have been committed by him unless it is shown by evidence that if
he is released on bail, there appears reasonable grounds for
believing that the release of the delinquent juvenile is likely to
bring him into association with any known criminals or expose him
to moral, physical or psychological danger or that his release
would defeat the ends of justice. The nature of offence and the
merits of the case do not have any relevance. It is for the
prosecution to bring on record such material while opposing the
bail and make out any of the grounds provided in the section,
which may persuade the court not to release the juvenile on bail.
But in this case, there is nothing on record to show that the
release of the juvenile-petitioner 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
the ends of justice.
7. Upon consideration of the overall facts and circumstances,
and considering the fact of juvenescence of the petitioner, this
Court is of the opinion that the petitioner deserves to be released
on bail. His entitlement to bail is further supported as the
conditions of Section 12 of the Juvenile Justice Act are duly
satisfied.
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[2026:RJ-JD:16842] (4 of 4) [CRLR-493/2026]
8. The observations made herein above shall not influence the
trial judge in any manner whatsoever so as to adversely affect the
rights of either of the parties.
9. Consequently, the instant revision is allowed. The impugned
order dated 13.03.2026 passed by the learned Juvenile Justice
Board, Didwana-Kuchaman and the impugned order dated
17.03.2026 passed by the learned Session Judge (Children's
Court), Didwana-Kuchaman are set aside. It is ordered that the
accused-petitioner 'G' S/o Premaram arrested in connection with
FIR No. 133/2025 registered at Police Station Maroth, District
Didwana - Kuchaman shall be released on bail; provided his
natural guardian (father) Premaram furnishes a personal bond of
Rs.50,000/- and two surety bonds of Rs.25,000/- each to the
satisfaction of the learned court below with the stipulation that he
will make his son appear before the Board on all dates of hearing
and as and when called upon to do so and he will ensure that any
situation which may bring the juvenile-petitioner into association
with any known criminal or expose him to moral, physical or
psychological danger or any situation where the juvenile-petitioner
may repeat the offence in question is thwarted and he will work
for improvement of the juvenile-petitioner.
(FARJAND ALI),J
52-divya/-
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