[2025:RJ-JP:23226] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 752/2025 A Xxx So Taufiq, D.O.B 14.05.2012, R/o Village Ganvdi Police Station Jurhera, District Deeg Minor Through Natural Guardian Father, Taufiq S/o Juhru Aged 39 Years, R/o Village Ganvdi, Police Station Jurhera, District Deeg (Raj) (Presently Detained In Child Care Home Bharatpur) ----Accused (Delinquent Children)-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 5789/2025 1. Ahkaam S/o Mohardeen, Age 22 Years, R/o Village Nogawan, Police Station Jurhera, District Deeg, Rajasthan. (Currently In Sub Jail, Deeg, Rajasthan). 2. Sahil S/o Hakku, Age 20 Years, R/o Village Nogawan, Police Station Jurhera, District Deeg, Rajasthan. (Currently In Sub Jail, Deeg, Rajasthan). ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent S.B. Criminal Miscellaneous Bail Application No. 5790/2025 Avesh S/o Noora, Aged About 23 Years, R/o Village Sahasan, Police Station Jurhara, District Deeg, Rajasthan. (At Present Accused Is Confined In District Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent S.B. Criminal Miscellaneous Bail Application No. 5791/2025 Arman S/o Hanees, Age About 23 Years, R/o Village Naugawan, Police Station Jurhara, District Deeg, Rajasthan. (At Present Accused Is Confined In District Jail Deeg). ----Accused-Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent S.B. Criminal Miscellaneous Bail Application No. 5792/2025 1. Arbaaz S/o Aazad, Age About 20 Years, R/o Village Sahasan, Police Station Jurhara, District Deeg, Rajasthan. [2025:RJ-JP:23226] (2 of 8) [CRLR-752/2025] (At Present Accused Is Confined In District Jail Deeg). 2. Shahrukh S/o Basir, Age About 19 Years, R/o Village Sahasan, Police Station Jurhara, District Deeg, Rajasthan. (At Present Accused Is Confined In District Jail Deeg). ----Accused-Petitioners Versus State Of Rajasthan, Through Public Prosecutort ----Respondent S.B. Criminal Miscellaneous Bail Application No. 5793/2025 Hasan Mohammad Son Of Shri Ilyas, Age About 32 Years, Resident Of Kherli Alimuddin Police Station Jurhera, District Deeg, Rajasthan (Presently Accused Confined In Central Jail Deeg) ----Accused-Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent S.B. Criminal Miscellaneous Bail Application No. 5868/2025 Arbaj S/o Aajad, Aged About 20 Years, R/o Village Sehsan, Police Station Jurhara, District Deeg, Rajasthan. (At Present Confined In Sub Jail Deeg). ----Accused-Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent S.B. Criminal Miscellaneous Bail Application No. 5869/2025 Altaf Khan S/o Asru, Aged About 20 Years, R/o Village Sahasan, Police Station Jurhara, District Deeg, Rajasthan. (Presently Confined In Sub Jail, Deeg). ----Accused-Petitioner Versus The State Of Rajasthan, Through Public Prosecutor ----Respondent S.B. Criminal Miscellaneous Bail Application No. 5871/2025 1. Waseem S/o Asru, Aged About 26 Years, R/o Village Nagla Dubokar, Police Station Jurhara, District Deeg, Rajasthan. (The Accused Petitioner Is At Present Confined In Sub Jail Deeg). 2. Mohammed Hafeej S/o Asru, Aged About 18 Years, R/o Village Nagla Dubokar, Police Station Jurhara, District Deeg, Rajasthan. (The Accused Petitioner Is At Present Confined In Sub Jail Deeg). [2025:RJ-JP:23226] (3 of 8) [CRLR-752/2025] 3. Ajruddeen S/o Islam, Aged About 35 Years, R/o Village Nagla Dubokar, Police Station Jurhara, District Deeg, Rajasthan. (The Accused Petitioner Is At Present Confined In Sub Jail Deeg). 4. Najakat @ Najji S/o Suleman, Aged About 25 Years, R/o Village Nagla Dubokar, Police Station Jurhara, District Deeg, Rajasthan. (The Accused Petitioner Is At Present Confined In Sub Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Anoop Kumar Mr. Surendra Singh Mr. Sanjay Khan Mr. Harendra Singh Mr. Arafat Hussain Mr. Rahul Agrawal Mr. Ankit Khandelwal For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Vivek Choudhary, P.P. HON'BLE MR. JUSTICE ANAND SHARMA (V. J.) Order 13/06/2025 In S.B. Criminal Revision Petition No. 752/2025: 1. Juvenile-petitioner has preferred this revision petition through his father challenging the order dated 21.04.2025 passed by the Juvenile Court (District and Sessions Judge), Bharatpur, Rajasthan (hereinafter referred to as the “Appellate Court”) in Criminal Appeal No.152/2025, CIS No.152/2025, whereby, learned Appellate Court while dismissing the appeal preferred by the petitioner, upheld the order dated 15.04.2025 passed by the Principal Magistrate, Juvenile Justice Board, Bharatpur (Rajasthan) [2025:RJ-JP:23226] (4 of 8) [CRLR-752/2025] (hereinafter referred to as the “Trial Court”) arising out of the FIR No.93/2025 registered at Police Station Jurhera, District Deeg for offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(5), 303(2), 308(2), 313, 61(2)(a) of B.N.S. and Sections 66D & 67A of I.T. Act, 2008. 2. Learned counsel for the petitioners submit that the petitioner is aged 13 years of age and also submit that he has faslely been implicated in this case by the police authorities by arresting them on 31.03.2025. Learned counsel further submits that the offences alleged against the accused-petitioner is triable by Judicial Magistrate. Learned counsel prays that looking to the age of the accused-petitioner, if they are continued in detention, it may adversely effect his future, therefore, the accused-petitioner be enlarged on bail. 3. Learned Public Prosecutor has opposed the revision petition filed by the accused-petitioner. 4. Heard learned counsels for the parties and perused the record. 5. Looking to the facts and circumstances of the case and general allegations, no specific overt act has been attributed against the accused-petitioner, but without expressing any opinion on the merit of the case, this Court deems it just and proper to allow the petition filed on behalf of the petitioner and the impugned orders dated 15.04.2025 and 21.04.2025 be quashed and set aside. 6. Accordingly, this criminal revision petition is allowed and the order dated 21.04.2025 passed by the learned Appellate Court in Criminal Appeal No.152/2025 as well as the order dated [2025:RJ-JP:23226] (5 of 8) [CRLR-752/2025] 15.04.2025 passed by the learned trial Court are quashed and set aside and it is ordered that the Juvenile “A” Xxx So Taufiq shall be released on bail in the FIR No.93/2025 registered at Police Station Jurhera, District Deeg upon furnishing a personal bond by their natural guardian (father-Taufiq) in the sum of Rs.1,00,000/- along with two sureties of the like amount to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Bharatpur; with the stipulation that on all subsequent dates of hearing, he shall appear before the said Board or any other forum during pendency of the inquiry in the cases and that his guardian shall properly look after of the delinquent child and secure him away from the company of known criminals. In S.B. Criminal Miscellaneous Bail Applications No.5789/2025, 5790/2025, 5791/2025, 5792/2025, 5793/2025 and 5869/2025: 1. These criminal bail applications under Section 483 of BNSS has been filed by the accused-petitioners in respect of F.I.R. No.93/2025 registered at Police Station Jurhera, District Deeg for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(5), 303(2), 308(2), 313, 61(2)(A) of BNS 2023 and Section 66D and 67A of I.T. Act. 2. Learned counsel for the accused-petitioners have submitted that petitioners have falsely been implicated in the present case. Offence alleged otherwise are triable by Magistrate and there are no criminal antecedents against them. Trial will take its considerable time and they pray for release them on bail 3. Learned Public Prosecutor has vehemently opposed the bail applications. [2025:RJ-JP:23226] (6 of 8) [CRLR-752/2025] 4. Considered the submissions made at Bar. 5. In view of above, without making any comment over the merits of the case, this Court is inclined to grant these bail applications. 6. Accordingly, the bail applications are hereby allowed. The accused-petitioners Ahkaam S/o Mohardeen, Sahil S/o Hakku, Avesh S/o Noora, Arman S/o Hanees, Arbaaz S/o Aazad, Shahrukh S/o Basir, Hasan Mohammad Son Of Shri Ilyas and Altaf Khan S/o Asru shall be released on bail in pursuance of F.I.R. No. 93/2025 registered at Police Station Jurhara on furnishing a personal bond of Rs.1,00,000/- each along with two sureties of the like amount. That apart, the accused- petitioners shall also follow the conditions as under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence are exempted by the trial Court. 7. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. In S.B. Criminal Miscellaneous Bail Application No.5868/2025: Learned counsel for the appellant would submit that on account of adverse and perverse finding, this appeal has wrongly been filed. He seeks permission to withdraw the instant appeal with liberty to pursue the S.B. Criminal Miscellaneous Bail [2025:RJ-JP:23226] (7 of 8) [CRLR-752/2025] Application No.5792/2025. Permission sought for is granted. The application is dismissed as withdrawn with liberty as sought for. In S.B. Criminal Miscellaneous Bail Application No.5871/2025: Learned counsel for the applicants has submitted that he has got instructions to withdraw the bail application qua the accused petitioner- Najakat @ Najji at this stage. 1. This criminal bail application under Section 483 of BNSS has been filed by the accused-petitioners in respect of F.I.R. No.93/2025 registered at Police Station Jurhera, District Deeg for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(5), 303(2), 308(2), 313, 61(2)(A) of BNS 2023 and Section 66D and 67A of I.T. Act. 2. Learned counsel for the accused-petitioners have submitted that petitioners have falsely been implicated in the present case. Offence alleged otherwise are triable by Magistrate and there are no criminal antecedents against them. Trial will take its considerable time and they pray for release them on bail 3. Learned Public Prosecutor has vehemently opposed the bail applications. 4. Considered the submissions made at Bar. 5. In view of above, without making any comment over the merits of the case, this Court is inclined to grant these bail applications. [2025:RJ-JP:23226] (8 of 8) [CRLR-752/2025] 6. Accordingly, the bail applications are hereby allowed. The accused-petitioners Waseem S/o Asru, Mohammed Hafeej S/o Asru and Ajruddeen S/o Islam shall be released on bail in pursuance of F.I.R. No. 93/2025 registered at Police Station Jurhara on furnishing a personal bond of Rs.1,00,000/- each along with two sureties of the like amount. That apart, the accused- petitioners shall also follow the conditions as under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence are exempted by the trial Court. 7. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA (V. J.)),J GAURAV/278-287 except 286