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[2026:RJ-JD:5185]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Revision Petition No. 1556/2025

P S/o Gokaram S/o Tararam, aged about 17 years, Resident Of

Rama, P.s. Bhadrajun, District Jalore Raj.

(Lodged In Juvenile Observation Homer, Jalore)

----Petitioner

Versus

1. State Of Rajasthan, Through Pp

2. Kusum D/o Teja Ram, Resident Of Rama P.s.

Bhadrajun,district Jalore Raj.

----Respondents

For Petitioner(s) : Mr. Sheshpal Singh Rajpurohit

For Respondent(s) : Mr. Surendra Bishnoi, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/01/2026

1. The juvenile ‘P’ son of Shri Gokaram has been confined in

connection with FIR No.100/2025 registered at Police Station

Bhadrajun, District Jalore and is facing charges under Section

127(2), 140(3), 78(2) & 70(1) of the BNS. He is lodged at the

Juvenile Observation Home, Jalore. The bail application preferred

under Section 12 of the Juvenile Justice Act, 2015 by the juvenile

through amicus curiae was dismissed by the learned Juvenile

Justice Board, Jalore vide order dated 19.08.2025. An appeal was

preferred under Section 101 of the Juvenile Justice Act, 2015

against the said order before the learned Session Judge, Jalore

which also came to be dismissed vide order dated 24.09.2025 and

the order passed by the learned Board was upheld. Aggrieved by

the aforesaid two orders, the present revision petition has been

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filed under Section 102 of the Juvenile Justice Act read with

Section 397/401 of the Cr.P.C.

2. Learned counsel for the juvenile-petitioner submits that the

Juvenile Justice Board as well as the learned court below has

grossly erred in rejecting the bail application of the juvenile-

petitioner. They have failed to consider the correct factual

and legal aspects of the case. The juvenile has been

detained at the Juvenile Observation Home, Jalore since

quite some time and looking at the pace at which the trial is

proceeding, it will likely take long time to conclude. The

Juvenile Justice Board has treated the accused as juvenile.

He further submits that there is no possibility of the juvenile-

petitioner absconding. There is nothing on record that may

debar him from getting released on bail, therefore, it is

humbly prayed that the impugned orders be set aside and

the juvenile be released on bail.

3. Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the juvenile-petitioner and

submits that since the matter pertains to commission of a

grave offence, the petitioner is not deserving of being

released on bail.

4. Heard.

5. This Court has also considered the inquiry contemplated

under Section 15 of the Juvenile Justice Act. The learned

Juvenile Justice Board, after admitting and assessing the

evidence relating to the culpability of the delinquent,

ultimately concluded that the petitioner was not aware of the

consequences of the crime and was not fully capable of

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understanding the nature of the wrongdoing committed by

him.

6. From the perusal of Section 12(1) of the Act of 2015, it is

established legal position 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

appears reasonable grounds for believing that the release of

the delinquent juvenile is likely to bring him into association

with any known criminals 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, which

may persuade the court not to release the juvenile on bail.

But