JUDGMENT Sandeep Mehta, J. - As per the report placed on record by the learned Public Prosecutor, service of notice has been effected on the respondent No.2 complainant. But nobody has appeared on his behalf to oppose the revision. 2. The petitioners children in conflict with law (identity of the children 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 have been confined in connection with FIR No.73/2021 registered at Police Station Phuliyankala, District Bhilwara for the offences under Sections 143 and 306 IPC IPC and are lodged at the Observation Home, Juvenile Justice Board, Bhilwara. The bail application preferred on their behalf by their natural guardian mother Geeta under Section 12 of the Juvenile Justice Act stands rejected by the Principal Magistrate, Juvenile Justice Board, Paldi, Bhilwara by order dated 10.06.2021. The appeal preferred against the said order under Section 101 of the Juvenile Justice Act stands rejected by the learned Additional Sessions Judge No.2, Bhilwara by order dated 18.06.2021. These two orders are assailed by the petitioners through their 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. 3. I have heard and considered the submissions advanced by learned counsel representing the petitioners and the learned Public Prosecutor and have gone through the impugned orders as well as the case diary. 4. The facts of the case reveal an extremely unfortunate set of events inasmuch as two young boys namely Kailash and Banwari sons of the complainant Umrav Bairwa committed suicide after alleged violence and oppression. Both the boys prepared videos before ending their lives which were seized by the I.O. during investigation. In the video prepared by the deceased Kailash, it was alleged that he was committing suicide because of misbehaviour and acts of violence committed on him by Prakash, Shivraj and Ramdev. Banwari committed suicide after preparing a video in which he narrated that he desperately felt that his brother had been forced to commit suicide and the justice was not being given to the family. He also alleged that Ramdev and his two sons were behind the death of his brother.
Banwari committed suicide after preparing a video in which he narrated that he desperately felt that his brother had been forced to commit suicide and the justice was not being given to the family. He also alleged that Ramdev and his two sons were behind the death of his brother. On the very same day, when his brother committed suicide, Geeta sister of Ramdev and her two sons i.e. the petitioners herein and one Teekam also beat him up. 5. Be that as it may. Even if it is assumed that there is truth in this allegations, the highest inference would be that the petitioners assaulted Banwari somewhere around 27.05.2021. Shri Banwari ended his life by consuming poison on 30.05.2021. The petitioners are young boys aged 16 years and 15 years respectively. Investigation and trial will consume time. The Probation Officer's report is favourable to the petitioners. Thus, the conditions of Section 12 of the Juvenile Justice Act are duly satisfied in the present case. 6. In this background, I am of the opinion that the petitioners are entitled to be enlarged on bail during the pendency of the inquiry before the Juvenile Justice Board. 7. Consequently, the instant revision is allowed. The impugned order dated 18.06.2021 passed by the learned Additional Sessions Judge No.2, Bhilwara and the order dated 10.06.2021 passed by learned Principal Magistrate, Juvenile Justice Board, Paldi, Bhilwara are set aside. It is ordered that the accused-petitioners (1) 'X' S/o Ramniwas and (2) 'X' S/o Ramniwas arrested in connection with FIR No.73/2021 registered at Police Station Phuliyankala, District Bhilwara shall be released on bail; provided their natural guardian mother Geeta furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each (for each of the petitioner) 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.