HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 146/2025 Child Conflict With Law S (At Present Petitioner Is Under The Detention Of Children Observation Home Jaipur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent Connected With S.B. Criminal Appeal (Sb) No. 5/2025 Arjunram Jat Son Of Jayram, Aged About 31 Years, R/o Village Mundelo Ka Mohalla Khiyala Tehsil Jayal P.s. Jayal District Nagour Present Hotel Sunshine And Arjun Palace Rajat Path Mansarovar P.s. Mansarovar Jaipur (Accused At Present Confined In Jail Jaipur) ----Petitioner Versus 1. State Of Rajasthan, Through P.p 2. Pintu Son Of Kishore Jonwal, R/o Modu Patel Ki Badi, Kalupura Nayapura Bus Stand Kota ----Respondents For Petitioner(s) : Mr. Bharat Yadav Ms. Nidhi Sharma For Respondent(s) : Mr. Amit Kumar Gupta, AGA-cum-PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/02/2025 1. The S.B. Criminal Revision Petition No. 146/2025 is filed on behalf of CCL (Juvenile) “S” whereas S.B. Criminal appeal is filed on behalf of appellant accused Arjun Ram Jat in a matter arising out of FIR no. 228/2024 P.S. Shivdaspura, Jaipur (South). 2. On earlier occasion, revision petition no. 968/2024 filed by same CCL “S” was dismissed on 12.07.2024. Similarly, S.B. (2 of 4) [CRLR-146/2025] Criminal Appeal No. 784/2024 on behalf of Arjunram Jat for bail was also dismissed on 12.07.2024. 3. Learned counsel appearing for Juvenile CCL submits that he is an innocent person and he was not named for committing murder of deceased. He further referred a compromise filed as annexure-5 and submitted that the complainant has no complain about present petitioner. He further submits that the allegation is upon other accused and the present petitioner was not involved in any of the act which led to murder of deceased (Kamal- brother of complainant). He also submits that from material on record a finger has not been pointed out upon present petitioner for involvement in murder of deceased Kamal. At last, he submitted that the present petitioner is in custody for more than one year and the disposal of the case will take its own time, therefore, he is entitled to be released on bail. 4. Learned counsel appearing for accused Arjunram Jat submits that he is an innocent person and falsely implicated by complainant. She further submits that till date the trial has not begun and the petitioner has unnecessarily been incarcerated. At last, she submitted that there is no evidence to justify directed or indirect involvement of petitioner. 5. Aforesaid contentions were opposed by learned Public Prosecutor. 6. Heard learned counsels for petitioners and learned Public Prosecutor. Learned Public Prosecutor has submitted that complainant was already informed. Learned Public Prosecutor has submitted report received from P.S. Shivdaspura, Jaipur (South). (3 of 4) [CRLR-146/2025] 7. A perusal of report indicate that on 08.03.2024, on an information about recovery of a dead body of unknown person near railway track, a report under Section 174 Cr.P.C. was registered at P.S. Shivdaspura. Later on the basis of inquiry and statement of brother of deceased, FIR No.228/2024 under Sections 302 and 201 IPC was registered against unknown persons. During investigation police has found involvement of Sitaram Nayak, Anand Kumar, Haridas Swami, Arjun Ram, Hanuman Mal, Sagar Valmiki and a juvenile (petitioner in revision petition no.968/2024). Police has filed charge-sheet against all these persons. Arjunram Jat and Hanuman Mal Tak were charged under Sections 302/201, 202, 118, 109, 323, 120B of IPC and 3- 2(v) (va) SC/ST (POA) Act, whereas petitioner-juvenile (CCL) was charged under Sections 302, 201 and 120B IPC. S.B. Criminal Appeal (Sb) No. 5/2025 8. The police has recorded statement of Pintu (brother of deceased) on 14.03.2024 wherein he named Arjun Ram Jat and Hanuman who used to keep money earned by deceased Kamal. The dispute raised when deceased demanded money and Hanuman Sahai instead of returning money gave beatings to him. The beatings resulted into death of Kamal. The allegation is also upon Arjun Ram Jat. The petitioner appellant is in custody for last 10-11 months but it is not a ground to release present petitioner on bail. The present petitioner was charged for active involvement and also for criminal conspiracy, therefore, looking to gravity of charge, it is not possible for this Court to release Arjun Ram Jat (4 of 4) [CRLR-146/2025] on bail just on the ground that in last 10-11 months, the trial court has not recorded any statement. S.B. Criminal Revision Petition No. 146/2025 9. This Juvenile (CCL) was charged with aid of Section 201 and 120-B of IPC. The compromise is filed on record wherein complainant Chunnu @ Pintu Bairwa has stated that juvenile (CCL) is not involved in the incident. In heinous offence like present one, a person cannot be released on basis of compromise between parties. 10. Herein, the matter pertains to offence under Section 302 IPC and the charge is relating to murder of Kamal. The charge upon present petitioner is causing disappearance of evidence and also indulging in criminal conspiracy with main accused. Since, the matter is at preliminary stage and the inquiry has not begun, therefore, without recording of statement of material witnesses, it is not possible to draw any conclusion for bail. Otherwise also, certain exceptions were carved out under Section 12 of Juvenile Justice (Care and Protection of Children), Act, 2015 and in such case if the petitioner is released on bail then it will defeat the ends of justice. 11. In view of aforementioned discussion, the criminal revision petition No. 146/2025 and criminal appeal No. 5/2025 are hereby dismissed. 4. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J Chetna/3-4