Rajasthan High Court - Jodhpur
Pankaj vs State Of Rajasthan on 29 July, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-530/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 530/2021
Pankaj S/o Sh. Ishwar, Aged About 16 Years, Through His
Natural Guardian Father Ishwar S/o Sh. Gomana, Aged About 50
Years, R/o Village Bhojaton-Ka-Oda-Fala, Kanjadi, Tehsil And
Dist. Dungarpur (Raj.). (Presently Lodged In Juvenile
Observation Home, Dungarpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 29/07/2021 In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
This criminal revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015' hereinafter) is directed against the order dated 28.06.2021 passed by the learned Children Court (Sessions Judge & Child Right Protection Act, 2005) Dungarpur (for short 'the appellate court' hereinafter), whereby the appellate court has dismissed the appeal filed by the juvenile through his natural guardian father against the order dated 22.06.2021 passed by learned Principal Magistrate, Juvenile Justice Board, Dungarpur (for short 'the trial court' hereinafter) on an application under (Downloaded on 29/07/2021 at 08:59:18 PM) (2 of 3) [CRLR-530/2021] section 12 of the Act of 2015, whereby the prayer for releasing the juvenile on bail was dismissed by the trial court.
Section 12(1) of the Act of 2015, reads as under:
"12. (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision"
From perusal of Section 12(1) of the Act of 2015, it is clear that a delinquent juvenile ordinarily has to be released on bail irrespective of nature of offence alleged to have been committed by him unless it is shown by evidence that if he is released on bail, there appear reasonable grounds for believing that the release of the delinquent juvenile is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. The nature of offence and the merits of the case do not have any relevance. It is for the prosecution to bring on record such material while opposing the bail and make out any of the grounds provided in the Section 12(1) of the Act of 2015, which (Downloaded on 29/07/2021 at 08:59:18 PM) (3 of 3) [CRLR-530/2021] may persuade the Court not to release the juvenile on bail. But in this case, there is nothing on record to show that the release of the petitioner is likely to bring him into association with any known criminal or expose to moral, physical or psychological danger or that his release would defeat the ends of justice.
This Court has perused the statement of the prosecutrix rendered under Section 164 Cr.P.C., in which, complete consensual relationship is recorded on the part of the prosecution, who is 17 years of age. The petitioner is a juvenile of about 16 years of age.
In view of the above, the revision petition is allowed. The impugned orders 22.06.2021 and 28.06.2021 are set aside and it is directed that petitioner - Pankaj S/o Shri Ishwar be released on bail provided his natural guardian-father furnishes a personal bond in the sum of Rs.25,000/- with a surety bond in the like amount to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Dungarpur with the stipulation that on all subsequent dates of hearing, he shall produce the petitioner before the learned Principal Magistrate, Juvenile Justice Board, Dungarpur or any other Court till the enquiry or trial is concluded.
(DR.PUSHPENDRA SINGH BHATI),J.
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