SHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The juvenile 'S' son of Amin Khan has been confined in connection with FIR No.131/2023 registered at Police Station Osian, District Jodhpur Rural and is facing charges under Sec. 147, 148, 302/149 and 120-B of IPC. He is lodged at the Child Observation Home, Jodhpur. The bail application preferred under Sec. 12 of the Juvenile Justice Act, 2015 by the juvenile through amicus curiae was dismissed by the learned Juvenile Justice Board, Jodhpur vide order dtd. 5/6/2023. An appeal was preferred under Sec. 101 of the Juvenile Justice Act, 2015 against the said order before the learned Session Judge (Children's Court), Jodhpur Metro, Jodhpur which also came to be dismissed vide order dtd. 8/6/2023 and the order passed by the learned Board was upheld. Aggrieved by the aforesaid two orders, the present revision petition has been filed under Sec. 102 of the Juvenile Justice Act read with Sec. 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 Child Observation Home, Jodhpur 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 as well as learned counsel for the complainant vehemently opposes the prayer made by learned counsel for the juvenile-petitioner and submit that since the matter pertains to commission of a grave offence, the petitioner is not deserving of being released on bail.