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2012 DIGILAW 2294 (RAJ)

Manish v. State of Rajasthan

2012-12-12

NISHA GUPTA

body2012
JUDGMENT 1. - This revision petition has been filed against the order dated 3.8.2012 passed by the learned Sessions Judge, Chittorgarh in Appeal No. 175/2012 wherein the appeal arising out of the order dated 4.7.2012 passed by the learned Juvenile Justice Board, Chittorgarh has been dismissed and release of juvenile has been refused. 2. Heard learned counsel for the petitioner and the learned Public Prosecutor. 3. The contention of the present petitioner is that he has been implicated falsely. The alleged incident has been reported to be of 13.6.2012, whereas the F.I.R. has been lodged on 16.6.2012 and prior to this, one report under Sections 107 and 116 Criminal Procedure Code was lodged by the father of the prosecutrix on 14.6.2012 but the present incident was not reported in that report, which suggests that a false case has been lodged the present petitioner further contention is that gravity of the offence is not a relevant consideration while considering the bail of a juvenile. Hence, the present petitioner should be given in the custody of his father. 4. Looking at the above and to the positive report of Probation Officer, it is a fit case to release the juvenile on bail. 5. According this revision petition is allowed and the juvenile Manish S/o Babu Lal Ji, R/o Ganesh Nagar, Tehsil-Nimbahera, District-Chittorgarh be released on bail and be given in the custody to his natural guardian, father Babulal S/o Mohan Lal, R/o Ganesh Nagar, Tehsil-Nimbahera, District-Chittorgarh on furnishing security in the sum of Rs. 20,000/- and one supurdginama in the sum of Rs. 20,000/- to the satisfaction of the trial Court for his appearance before that Court on the next date of hearing and as when called upon to do so.Revision petition allowed. *******