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2014 Supreme(Raj) 2140

RAJASTHAN HIGH COURT
Gopal Krishan Vyas, J.
Yogesh Singh - Appellant
Versus
State of Rajasthan - Respondent
S.B.Criminal Revision Petition No. 1245 of 2014.
Decided On : 15-12-2014

Advocates:
For the Petitioner:Rajiv Bishnoi, Advocate.
For the Respondent: L. R. Upadhyay, Public Prosecutor.

Headnote:Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 12 – Revision Petition filed by a juvenile against the order of Additional District & Sessions Judge which affirmed the order of Principal Magistrate, Juvenile Justice Board for the offences under Sections 458, 323, 324, 325, 147, 148, 149 read with Section 3 of SC/ST Act – Bail Dismissed – Petitioner is a juvenile and a student – Petitioner is entitled to grant of bail keeping in view the facts and circumstances of case – Revision is allowed.

JUDGMENT

1. - Admit.

2. Heard final arguments of learned counsel for the parties.

3. The instant revision petition has been filed juvenile Yogesh Singh S/o Shri Narendra Singh under Section 397 read with Section 401 IPC against the order dated 19.11.2014 passed by Additional District & Sessions Judge, Sriganganagar in Appeal No. 203/2013 by which, the said Court affirmed the order dated 13.11.2014 passed by Principal Magistrate, Juvenile Justice Board, in FIR No. 196/2014 registered against the petitioner for the offences under Sections 458, 323, 324, 325, 147, 148, 149 read with Section 3 of SC/ST Act.

4. The learned counsel for the petitioner submits that reasons for denial bail to the petitioner who is juvenile are not cogent reasons because before the said incident, the father of the petitioner was assaulted for which an FIR was registered against the complainant party (being FIR No. 193/2014 PS Chunawat) and therefore, for the welfare of the petitioner, he may be released on bail because the petitioner is a juvenile while quashing the orders dated 19.11.2014 passed by learned Sessions Judge, Sriganganagar and order dated 13.11.2014 passed by Principal Magistrate, Juvenile Justice Board.

5. The learned Public Prosecutor vehemently opposed the prayer and submits that even though the petitioner is a juvenile but he cannot be permitted to commit such a serious offence and therefore, the petitioner is not entitled for bail.

6. After hearing learned counsel for the parties and considering the fact that the petitioner is a juvenile and is a student, I deem it appropriate to allow this revision petition. Consequently, it is ordered that the juvenile Yogesh Singh S/o Shri Narendra Singh may be released upon furnishing personal bond in the sum of Rs. 50,000/- by his natural guardian i.e. Father with two surety in the sum of Rs. 25,000/- each (out of them one must a surety of local area) to the satisfaction of Juvenile Justice Board, Sriganganagar. The orders of both the courts below are hereby quashed and set aside. Accordingly, this revision petition stands allowed.Revision Allowed.

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