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2021 Supreme(Online)(RAJ) 411
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 695/2021 Golu @ Harshit S/o Shri Ramesh Chand, Aged About 14 Years, Through Natural Guardian Father Shri Ramesh Chand S/o Shri Omkar Lal, Resident Of Ward No. 15, Sathal Kheri, Police Station Suket, District Kota Rajasthan (Presently Kept In Juvenile Home Kota)
----Accused/Petitioner Versus
1. The State Of Rajasthan, Through Public Prosecutor, High Court Jaipur Bench, Jaipur ----Respondent
2. Shri Lakhan Kumar S/o Shri Shanker Lal, Aged About 30 Years, Resident Of Ward No. 16, Khan Sathal Kheri, Suket, Kota Rural, District Kota (Raj)
----Complainant/Respondent For Petitioner(s) : Mr. Narendra Singh Hada, Advocate For Respondent(s) : Mr. Imran Khan, PP HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
04/08/2021 This revision petition, filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as “the Act”), is directed against the order dated 25.06.2021 passed in Criminal Appeal No.2156/2021 by the Additional Sessions Judge No.2, Kota, Rajasthan, whereby, he has confirmed the order dated 15.06.2021 passed by the Principal Magistrate, Juvenile Justice Board, Kota, rejecting the application of the accused-petitioner seeking his release on bail under Section
12 of the Act.
Heard learned counsel for the petitioner and learned Public Prosecutor.
It has been submitted on behalf of learned counsel for the petitioner (juvenile in conflict with law) that he has no active role in the commission of offence. He has been falsely implicated in the case. Report of the Probation Officer under Section 12 of the Juvenile Justice Act, is favourable to the juvenile. There are no adverse circumstances pointed out by the Probation Officer in the report. Conclusion of the inquiry will take considerable time. The main allegation in the FIR is against the co-accused Kalu @ Krishankant. Other co-accused Ramesh S/o Aunkar and Pankaj S/o Ramesh, have been released on bail by Co-ordinate Benches of this Court under Section 439 of Cr.P.C. The age of the juvenile is 14 years and he has not been assigned any specific role in the incident.
Learned Public Prosecutor has opposed the revision petition.
Heard and perused the order impugned.
Looking to the overall facts and circumstances of the case and Report of the Probation Officer, but without commenting on the detailed merit/s of the case, it is directed that revision seeking grant of bail is allowed and accused-petitioner Golu @ Harshit S/o Shri Ramesh Chand, be released on bail, provided his natural guardian, father, furnishes a personal bail bond of Rs.50,000/- with two surety bonds in the sum of Rs.25,000/- each to the satisfaction of learned trial Court/concerned Juvenile Justice Board with the stipulation that he shall produce the petitioner before the concerned Juvenile Justice Board or any other Court on all the subsequent dates of hearing till inquiry/trial is completed. His natural guardian, father, shall ensure that the juvenile in conflict with law, maintains good conduct and behaviour, throughout and keep him away from the company of known criminals.
(MANOJ KUMAR VYAS),J Hemant/8
