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2019 DIGILAW 1802 (RAJ)

Kalu @ Humayun v. State of Rajasthan

2019-06-14

ABHAY CHATURVEDI

body2019
JUDGMENT : 1. The petitioner has preferred this revision petition aggrieved by the order dated 25.03.2019 passed by the learned Special Judge, POCSO Act Cases No. 1, Sri Ganganagar dismissing the appeal preferred by the juvenile against the order dated 18.03.2019 passed by the Principal Magistrate, Juvenile Justice Board, Sri Ganganagar vide which the application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act filed by him seeking bail in connection with FIR No. 102/2019, Police Station Suratgarh City, District Sri Ganganagar was dismissed. 2. It is submitted on behalf of the petitioner that the recovery in the present case is 8.52 gms. of smack and the co-accused, namely, Kishan Kande has already been granted bail by a Coordinate Bench of this Court vide Order dated 04.04.2019 passed in S.B. Criminal Misc. Bail No. 3586/2019 (Kishan Kande v. State of Rajasthan). It is further submitted that the case of the present petitioner being identical to that of the co-accused, he may be enlarged on bail. 3. Taking into account the facts and circumstances of the case coupled with the fact that the recovery in the present case is 8.52 gms. of smack, which is below commercial quantity, this Court deems it proper to allow this revision petition. 4. Accordingly, the Revision Petition is allowed. The impugned orders dated 18.03.2019 and 25.03.2019 are quashed and it is directed that the petitioner be released on bail, provided his natural guardian, father, furnishes a personal bond in the sum of Rs. 25,000/- alongwith two sureties in the like amount each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Sri Ganganagar with the stipulation that he shall produce the petitioner before the concerned Juvenile Justice Board on all dates, till the enquiry or trial is completed on the conditions indicated below:- 1. That he/she/they will appear before the trial Court in the month of January of every year till the revision is decided. 2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.