[2025:RJ-JP:17766] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14831/2024 Shakir Ali S/o Sabir Ali, Aged About 17 Years, R/o Gulabbari Antha, P.s. Antha, Distt. Baran (Rajasthan) (Confined At Juvenile Home Baran) ----Accused/Applicant Juvenile Versus State Of Rajasthan, Through PP ----Respondent For Applicant : Mr. S.S. Hasan, Sr. Adv. assisted by Mr. Aquif Khan, Adv. with Mr. Fahad Hasan, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 28/04/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 05.11.2024 passed by learned Children Court (Sessions Judge), District Baran in Criminal Misc. Case No.412/2024 arising out of FIR No.335/2023, registered at Police Station Anta, District Baran for the offence punishable under Sections 341, 323, 504, 307 and 34 of IPC (later on for the offence punishable under Section 302 of IPC) by which the bail application of the accused-applicant under Section 483 of B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel also submits that the allegation of causing death [2025:RJ-JP:17766] (2 of 4) [CRLMB-14831/2024] of the deceased-Harish is on co-accused Farhan and not on the present accused-applicant. Learned counsel further submits that in this matter, charge-sheet has been filed. 3. Learned counsel for the accused-applicant argues that on the date of the alleged incident, age of the accused-applicant was above 16 years but below 18 years. Learned counsel also argues that since 18.09.2023, the accused-applicant is confined in the Children Reformatory Home, Baran. 4. Learned counsel for the accused-applicant contends that in the impugned FIR, three eye-witnesses were named i.e. Shoaib Mohammed, Aslam and Narendra and they have been examined before learned trial Court as PW-1, PW-8 and PW-7 respectively. Learned counsel also contends that all the important eye- witnesses have turned hostile and have not supported the prosecution story. Learned counsel also contends that the applicant is being tried by Juvenile Court (Sessions Judge), District Baran and trial will take long time to conclude. 5. Learned counsel for the accused-applicant submits that as per the mandate of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the ‘Act of 2015’), it is well settled law that a juvenile is entitled for benefit of bail irrespective of the nature of offences and he can be denied the benefit of bail only on the ground that his release is likely to bring him into association with any known or unknown criminals or expose him to moral, physical and psychological danger or that his release would defeat the ends of justice therefore, the accused-applicant be granted benefit of bail. [2025:RJ-JP:17766] (3 of 4) [CRLMB-14831/2024] 6. Learned Deputy Government Advocate vehemently opposes the prayer made on behalf of the applicant-juvenile. Learned Deputy Government Advocate also submits that looking to the seriousness of the offence committed by the applicant-juvenile and the fact that the parents have no effective control over the juvenile, the accused-applicant should not be enlarged on bail. The Social Investigation Report dated 18.09.2023 is taken on record. 7. Learned Deputy Government Advocate submits that the complainant/victim of this case has duly been informed about filing of this bail application, however, no one puts appearance on behalf of the complainant/victim to oppose this bail application. 8. Heard learned counsel for the parties and also perused the material available on record. 9. Admittedly, as per the provisions laid down under Section 12 of the Act of 2015 that bail can be denied to the juvenile only in the cases where there appears reasonable grounds for believing that his release is likely to bring him in the association of any known criminal or expose him to moral, physical or psychological danger, or that his release would defeat ends of justice. As per the impugned FIR, there is no allegation of causing any injury to the deceased-Harish on the present accused-applicant. Moreover, three important eye-witnesses named in the impugned FIR namely Shoaib, Aslam and Narendra have been examined before learned trial Court as PW-1, PW-8 and PW-7 respectively and these eye- witnesses have turned hostile and have not supported the prosecution story. [2025:RJ-JP:17766] (4 of 4) [CRLMB-14831/2024] 10. Having regard to the facts and circumstances of the case, and considering the age of the accused-applicant; the provisions laid down under Section 12 of the Act of 2015; the fact that the important eye-witnesses have turned hostile and also considering the fact that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant. 11. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Shakir Ali S/o Sabir Ali, arrested in connection with FIR No.335/2023, registered at Police Station Anta, District Baran shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /14