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2021 DIGILAW 1063 (RAJ)

X. Spouse/o Bhona @ Bhuwana v. State

2021-07-08

SANDEEP MEHTA

body2021
JUDGMENT Sandeep Mehta, J. - The petitioner child 'X' son of Mr. Bhona @ Bhuwana in conflict with law (identity of the child has been protected in view of the direction given by Hon'ble the Supreme Court in the case of Shilpa Mittal vs. State of NCT of Delhi & Ors., (2020) AIR SC 405 has been confined in connection with FIR No.38/2021 registered at Police Station Mandalgarh, District Bhilwara for the offences under Sections 342, 366 & 376-D IPC and is lodged at the Bal Sudhar Gruh, Paldi, Bhilwara. The bail application preferred on his behalf by his natural guardian brother-in-law (Jija) Mr. Narayan under Section 12 of the Juvenile Justice Act stands rejected by the Principal Magistrate, Juvenile Justice Board, Bhilwara by order dated 29.06.2021. The appeal preferred against the said order under Section 101 of the Juvenile Justice Act also stands rejected by the learned Sessions Judge, Bhilwara by order dated 30.06.2021. These two orders are assailed by the petitioner through his natural guardian in this revision preferred under Section 397 of the Cr.P.C. read with Section 401 CrPC and Section 102 of the Juvenile Justice Act. 2. I have heard and considered the submissions advanced by learned counsel representing the parties and have gone through the impugned orders. 3. The major accused Shyamnath has been enlarged on bail by this Court vide order dated 02.06.2021. The Principal Magistrate as well as the Appellate Court rejected the prayer for bail made on behalf of the petitioner-child in conflict with law without considering this fact in an absolutely mechanical manner. It may be stated here that the prosecutrix is a major married woman aged 35 years. She was allegedly abducted on 19.02.2021. Her husband Har Nath lodged the above FIR regarding the incident at the Police Station Mandalgarh on 20.02.2021. The prosecutrix in the meantime returned back to her father's house, but she did not tell anyone that she had been subjected to rape. Her statement under Section 161 CrPC came to be recorded on 14.03.2021, in which for the first time, she alleged she was subjected to rape in the jungle. When examined under Section 164 CrPC, the prosecutrix modulated the version and alleged that she was subjected to rape inside a vehicle. 4. In this background, I am of the opinion that the conditions of Section 12 of the Juvenile Justice Act are duly satisfied. When examined under Section 164 CrPC, the prosecutrix modulated the version and alleged that she was subjected to rape inside a vehicle. 4. In this background, I am of the opinion that the conditions of Section 12 of the Juvenile Justice Act are duly satisfied. Otherwise also, it is the legal obligation of the guardian to ensure that the child does not come in contact with known/unknown criminals during the pendency the inquiry. Thus, I am of the opinion that the petitioner is entitled to be enlarged on bail during the pendency of the inquiry before the Juvenile Justice Board. 5. Consequently, the instant revision is allowed. The impugned order dated 30.06.2021 passed by the learned Sessions Judge, Bhilwara and the order dated 29.06.2021 passed by learned Principal Magistrate, Juvenile Justice Board, Bhilwara are set aside. It is ordered that the accused-petitioner 'X' S/o Mr. Bhona @ Bhuwana arrested in connection with FIR No.38/2021 registered at Police Station Mandalgarh, District Bhilwara shall be released on bail; provided his natural guardian Mr. Narayan S/o Shri Bhura Nath Yogi furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned court below with the stipulation to appear before the Board on all dates of hearing and as and when called upon to do so.