JAYDIPBHAI CHANDUBHAI PANCHASARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing present application, applicant, being a child in conflict with law, through his father has requested to release him on regular bail from the Child Remand Home in connection with the FIR registered as CR No. 11190004220763 of 2022 with Gadhda Police Station, District: Botad by quashing and setting aside the judgment and order dtd. 3/8/2022 passed in Criminal Appeal No. 25 of 2022 (in the order it is mentioned as Cri.M.A No. 25 of 2022) by the learned Additional Sessions Judge, Special Judge (Juvenile Court), Taluka and District: Botad.

(2.) Heard learned advocate for the applicant and learned APP for the respondent-State. It was submitted by leaned advocate for the applicant that the impugned judgment is unjust, unreasonable, against the provisions of law and contrary to the evidence on record. Learned Judge ought to have appreciated the fact that the applicant is an innocent person and has not committed any offence as alleged in the FIR. There is no prima favie evidence which can connect the applicant with the crime in question. That, the applicant is falsely involved in the crime in question with an oblique motive and extraneous considerations. Ultimately, it was requested by learned advocate for the applicant to allow present application by enlarging the applicant on regular bail.

(3.) Learned APP for the respondent-State has strongly objected the submissions of the learned advocate for the applicant and submitted that the applicant is involved in the serious offence and therefore, lower court has rightly rejected the request of releasing the applicant on bail. That, the prosecution has reasonably established the involvement of the present applicant. That prima facie evidence is there to connect the applicant with the crime in question. Ultimately, it was requested by learned APP for the respondent-State to dismiss present application.