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2025 DAILYLAW 10890 (RAJ)

U SON OF JAIKAM v. STATE OF RAJASTHAN

CRLR/429/2025 · 2025-03-19

Praveer Bhatnagar

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:12380] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 439/2025 Juvenile Hu Son Of Jamshed, Aged About 16 Years, Resident Of Ahalwadi Police Station Jurhara, District Deeg, Minor Through Natural Guardian Father Jamshed Son Of Ahmad Aged About 36 Years Resident Of Ahalwadi Police Station Jurhara District Deeg (Raj) (Presently Lodged In Observation Hoe At Bharatpur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent Connected With S.B. Criminal Revision Petition No. 429/2025 U Son Of Jaikam, Aged About 17 Years, Resident Of Jurhera Police Station Jurhera District Deeg (Rajasthan) Minor Through Natural Guardian Mother Wahida Wife Of Jaikam Age 46 Years Resident Of Jurhera Police Station Jruhera District Deeg (Rajasthan) (Presently Accused Confined In Reformatory Home Bharatpur) ----Petitioner Versus 1.State Of Rajasthan, through PP 2. Ramesh Chand Asi, Police Station Jurhera District Deeg ----Respondents For Petitioner(s) : Mr. Ankti Khandelwal Mr. Jaswant Singh Rathore For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 19/03/2025 1. These revision petitions filed by the child in conflict with law under Section 102 of the Juvenile Justice (Care and Protection of Children) Act of 2015 against the order dated 28.02.2025, passed [2025:RJ-JP:12380] (2 of 4) [CRLR-439/2025] by learned Children Court (District and Sessions Judge), Bharatpur, in Criminal Appeal No. 102/2025 and Criminal Appeal No. 104/2025 affirming the order dated 21.02.2025 passed by Principal Magistrate, Juvenile Justice Board, Bharatpur in FIR No. 54/2025 registered at Police Station Jurhara, District Deeg, whereby, the bail applications of the child in conflict with law have been dismissed for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 111(6), 317(5), 303(2), 308(2), 313 and 61(2)(a) of BNS and Sections 66-D and 67-A of IT Act. 2. Learned counsel for the children in conflict with law submit that the children in conflict with law have falsely been implicated in this case. It is contended that the children in conflict with law are in Observation Home, Bharatpur, since long and inquiry of the case may take considerable time, therefore, these revision petitions of the children in conflict with law may be allowed. 3. Learned Public Prosecutor vehemently opposed the revision petitions. 4. Heard and perused the entire material available on record. 5. The language of Section 12 of the Act of 2015 conveys the intention of the Legislature to grant bail to the juvenile, irrespective of nature or gravity of the offence, alleged to have been committed by them and bail can be denied only in the case where there appear reasonable grounds for believing that the 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 ends of justice. [2025:RJ-JP:12380] (3 of 4) [CRLR-439/2025] 6. In this context, this Court also scanned through the record and perused the orders passed by the courts below. 7. Having carefully examined provisions of the Juvenile Justice Act vis-a-vis the orders passed by the courts below, this Court does not find any of the exceptional circumstances, to decline bail to juveniles, as indicated in Section 12 of the Act of 2015. 8. Therefore, considering the position of law as stated above and the arguments advanced by the learned counsel for the parties and looking to the fact that children-in-conflict with law are in observation home since long and inquiry of the case may take considerable time, without commenting anything on merits of the case, I deem it just and proper to enlarge the children in conflict with law on bail. 9. In view of the aforesaid discussion, the revision petitions are allowed and the order dated 28.02.2025, passed by learned Children Court (District and Sessions Judge), Bharatpur, in Criminal Appeal No. 102/2025 and criminal appeal No. 104/2025 and order dated 21.02.2025 passed by Principal Magistrate, Juvenile Justice Board, Bharatpur in declining bail to the children in conflict with law are hereby set aside. 10. Accordingly, it is ordered that the children in conflict with law namely 1. Hu Son Of Jamshed, 2. U Son Of Jaikam, shall be released on bail in FIR No. 54/2025 registered at Police Station Jurhara, District Deeg, upon furnishing personal bond by their natural guardians in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- to the satisfaction of learned Juvenile Justice Board with the stipulation that on all subsequent [2025:RJ-JP:12380] (4 of 4) [CRLR-439/2025] dates of hearing, they shall appear before the said court or any other court, during pendency of the inquiry in the case and that their guardian shall properly look after the delinquent child and secure them away from the company of known criminals. (PRAVEER BHATNAGAR),J ashu /35-36