[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
R Alias S vs State Of Rajasthan (2026:Rj-Jd:6242) on 3 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:6242]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 58/2026
R Alias S S/o Vinod, Aged About 15 Years, Through Natural
Guardian Father Vinod S/o Sh. Raju R/o Ward No. 4, Momasar
Bass,tehsil Sridungarh P.s Sridungargarh District Bikaner
(Presently Lodged In Juvenile Home Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Khushi Sharma
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/02/2026
1. The present criminal revision petition under Section 102 of
the Juvenile Justice (Care and Protection of Children) Act, 2015
has been preferred on behalf of the juvenile 'R' @ S, son of Vinod,
aged about 14 years and 11 months, assailing the order dated
10.12.2025 passed by the learned Principal Magistrate, Juvenile
Justice Board, Bikaner, whereby the bail application under Section
12 of the Act of 2015 was rejected, and the order dated
07.01.2026 passed by the learned Juvenile Court, Bikaner in
Criminal Appeal No. 381/2025, affirming the order passed by the
Board. The juvenile is in custody in connection with FIR No.
392/2025 registered at Police Station Sridungargarh, District
Bikaner for the offence under Section 107 of the Bharatiya Nyaya
Sanhita.
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2. Learned counsel appearing for the juvenile-petitioner
submits that both the learned Juvenile Justice Board as well as the
learned appellate court have failed to appreciate the mandate of
Section 12 of the Act of 2015. It is submitted that the juvenile has
been in custody since 10.12.2025, that the investigation qua the
juvenile stands completed and the charge-sheet has already been
filed. It is further submitted that even on the face of the
allegations, no offence is prima facie made out against the
juvenile. The Social Investigation Report is stated to be in favour
of the juvenile and there is no material to indicate that his release
would bring him into association with any known criminal or
expose him to moral, physical or psychological danger. The
juvenile has no previous criminal antecedents and continued
detention would adversely affect his mental well-being and future.
3. Learned Public Prosecutor opposed the prayer and supported
the impugned orders by submitting that the allegations against
the juvenile are serious in nature and that the learned courts
below have rightly rejected the bail application.
4. Heard learned counsel for the parties and gone through the
material available on record. The juvenile is admittedly a child
within the meaning of the Juvenile Justice (Care and Protection of
Children) Act, 2015. The charge-sheet has already been filed and
the investigation qua the juvenile stands concluded. Even if the
facts stated in the First Information Report are accepted on their
face value, the same do not prima facie establish that the juvenile
had instigated, abetted or intentionally provoked the deceased to
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commit suicide. The material placed on record does not disclose
any specific act or conduct attributable to the juvenile which could
constitute instigation or mens rea, nor does it indicate any direct
or proximate link between the alleged conduct of the juvenile and
the act of suicide. The essential ingredients of the offence alleged
against the juvenile are, therefore, not prima facie made out.
5. It is settled that grant of bail to a juvenile is the rule and
refusal is an exception, and such exception must strictly fall within
the contingencies enumerated under Section 12 of the Act of
2015. The nature of allegations, by itself, cannot be a ground to
deny bail to a juvenile unless the case falls within the statutory
exceptions, which do not appear to be attracted in the present
matter.
6. Considering the age of the juvenile, the period of custody
already undergone, the fact that the charge-sheet has been filed,
the absence of any adverse material on record, and the mandate
of Section 12 of the Act of 2015, this Court is of the considered
opinion that the juvenile deserves to be enlarged on bail. However,
the observations made herein above shall not influence the trial
court in any manner whatsoever so as to adversely affect the
rights of either of the parties.
7. Consequently, the instant revision petition is allowed. The
impugned order dated 10.12.2025 passed by the learned Principal
Magistrate, Juvenile Justice Board, Bikaner and the order dated
07.01.2026 passed by the learned Juvenile Court, Bikaner are
hereby set aside. It is ordered that the juvenile petitioner shall be
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released on bail in FIR No. 392/2025 registered at Police Station
Sridungargarh, District Bikaner, upon his natural guardian
furnishing a personal bond and surety bonds to the satisfaction of
the learned Juvenile Justice Board, with the stipulation that the
guardian shall ensure the presence of the juvenile before the
Board on all dates of hearing and shall further ensure that the
juvenile does not come into association with any known criminal
and is not exposed to moral, physical or psychological danger.
(FARJAND ALI),J
71-Pramod/-
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