Ram Chandra vs The State of Rajasthan

Nisha Gupta, J.—This revision petition has been filed against the order dt. 11.07.2012 passed by the learned Addl. Sessions Judge(Fast Track) No. 1, Jodhpur Metropolitan whereby release of juvenile has been refused. Heard learned counsel for the petitioner and the learned PP.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case. He has not been named in the FIR. He was not present on the spot at the time of alleged incident. He has been implicated on the basis of call details which are not of the date of the incident. The incident is of 14.06.2012 whereas the call details reveals the conversation of Hanuman Ram with the present petitioner on 13.06.2012 at about 1.55 p.m. He is a brilliant academic record and report of the Protection Officer suggests nothing against the present petitioner and there is no incriminating circumstances against the present petitioner who is juvenile and looking to the provisions of Section 12 of Juvenile Justice Act, the custody of the petitioner be given to Shri Moola Ram S/o Gokal Ram by Caste Jat R/o village Keru District Jodhpur.

The learned Public Prosecutor has opposed the petition. Looking at the above facts and circumstances and looking at the provisions of Section 12 of the Juvenile Justice Act, the present petitioner is entitled for bail and accordingly, this revision petition is allowed and the juvenile Ram Chandra S/o Moola Ram be released on bail and be given in the custody to his natural guardian, father of the petitioner Shri Moola Ram S/o Gokal Ram by Caste Jat R/o village Keru District Jodhpur on furnishing security in the sum of Rs. 50,000/- and one supurdginama in the sum of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before that Court on the next date of hearing and as and when called upon to do so.