IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MS. JUSTICE GITA GOPI
SHRAVAN @ GOPAL RAJESHBHAI VASAVA THRO RAJESHKUMAR BABUBHAI VASAVAV/sSTATE OF GUJARAT
R/CR.RA/405/2025
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NEUTRAL CITATION
R/CR.RA/405/2025 ORDER DATED: 27/03/2026
0.0016474133963723103
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR REGULAR BAIL) NO. 405 of
2025
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SHRAVAN @ GOPAL RAJESHBHAI VASAVA THRO RAJESHKUMAR BABUBHAI VASAVA
Versus STATE OF GUJARAT
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1 MR SHAMBHUKUMAR(13426) for the Applicant(s) No. 1
MR BHARGAV PANDYA APP for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 27/03/2026
ORDER
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent – State.
2. The revision application under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (herein after referred to as ‘the Juvenile Justice Act’), challenges the order dated 12.02.2025 passed in Criminal Appeal No.83 of 2025 in connection with FIR being C.R. No. Part-A-11210050241188/2024 under Sections 103(2), 189(1) (4), 190, 191(1)(3), 115 of B.N.S.S. and Section 135 of the G.P. Act before the Rander Police Station, by Additional
Sessions Judge, Surat.
3. Learned advocate Mr.Gajendra Baghel submitted that the present child in conflict with law is 17 years 2 months and at the time of the offence he was 16 years 9 months and 10
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days, has not been named in the FIR and the FIR itself is ambiguous. Mr. Baghel stated that Section 103 of the Bharatiya Nyaya Sanhita, 2023, which is for the punishment of murder and other allied sections are invoked against all the
childs in conflict with law, which are six in number.
3.1 Learned advocate Mr. Baghel submitted that the deceased was aged about 24 years and the allegation is that all the children in conflict with law by unlawful assembly for unknown reason had verbal quarrel with the deceased and they all had given kick and fist blows to the deceased, and one person, who has not been named in the complaint, has alleged to have given a blow with the knife at the left side of deceased. Advocate Mr. Baghel stated that all the children in conflict with law were alleged to have fled away from the
place.
3.2 Learned advocate Mr. Baghel submitted that all the co- children in conflict with law have been granted bail under Section 12 of the Juvenile Justice Act by the J.J.B.. Advocate Mr. Baghel submitted that there is nothing on record to say that the present child in conflict with law was having knife in his hand and he was the person, who had inflicted the blow. Mr. Baghel stated that the said allegation would be the primary allegation, which could not have gone unnoticed even by the police at the relevant time, thus stated that he would have been named in the FIR on the basis of the alleged
statement of the co-child in conflict with law, had it been so.
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0.0016474133963723103
4. Probation Officer’s report has been called for, which is on record. Learned APP Mr. Bhargav Pandya relying on the report of Police Inspector Rander Police Station Surat City, submitted that if the child is released on bail, then there are all possibilities of threatening the witnesses and even all possibilities of running away and avoiding the trial and falling
in bad company.
5. Having considered the facts of the case. The present applicant – child in conflict with law has not been named in the complaint, further the deceased was aged about 24 years, the reason for the verbal quarrel could not be gathered and what role the deceased himself ha
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