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

(2 of 3)

[CRLR-695/2021]

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

(3 of 3)

[CRLR-695/2021]

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