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2021 DIGILAW 966 (RAJ)

Beant Singh Bentu v. State of Rajasthan

2021-06-28

SANDEEP MEHTA

body2021
ORDER 1. The instant revision has been filed under Section 397/102 of Juvenile Justice Act on behalf of the petitioner Beant Singh @ Bentu S/o Amarjeet Singh @ Kala Singh, child in conflict with law who is confined at the Observation Home in connection with F.I.R. No.275/2020 registered at the Police Station Nai Mandi Gharsana for the offences under Sections 8/22 and 25 of the NDPS Act against the order dated 21.10.2020 passed by the Sessions Judge, Sri Ganganagar, whereby the appeal preferred against the order dated 09.10.2020 passed by learned Principal Magistrate, Juvenile Justice Board, Sri Ganganagar rejecting bail application preferred by the petitioner's natural guardian i.e. father under Section 12 of the Juvenile Justice Act, was dismissed. 2. The petitioner being a child in conflict with law is confined at the Observation Home, Sri Ganganagar since 24.09.2020 in connection with the above FIR. The bail application preferred on behalf of the petitioner juvenile was dismissed by the Juvenile Justice Board, Sri Ganganagar vide order dated 09.10.2020. The appeal preferred against the said order under Section 101 of the Juvenile Justice Act has been dismissed by the Sessions Judge, Sri Gangangar vide order dated 21.10.2020. Hence, this revision. 3. I have heard and considered that submissions advanced at bar and gone through the material available on record. Suffice it to say that the petitioner, child in conflict with law, does not have any criminal antecedents. The recovery of contraband psychotropic drug, viz. Trio-SR Tablets (Tramadol Salt) numbering 5000 was effected by the SHO, Dharmpal Singh on 05.09.2020. As per the sequence set out in the FIR, the police and BSF party conducted Nakabandi and saw a black motorcycle with two boys sitting on it coming towards the checkpoint. The motorcycle was flagged down to stop. The motorcycle rider tried to turn back the motorcycle about 10 to 12 meters before the check point. The police and BSF personnel called them out to stop. The motorcycle driver fell down, whereas the pillion rider ran away leaving behind a black coloured bag near the motorcycle. The boy, who escaped was pursued by the constables but could not be apprehended. The motorcycle driver who fell down, was apprehended and he gave out his name to be Jasveer Singh. He, upon being interrogated, disclosed that the boy, who had run away, was Beant Singh S/o Amarjeet Singh, i.e., the petitioner herein. The boy, who escaped was pursued by the constables but could not be apprehended. The motorcycle driver who fell down, was apprehended and he gave out his name to be Jasveer Singh. He, upon being interrogated, disclosed that the boy, who had run away, was Beant Singh S/o Amarjeet Singh, i.e., the petitioner herein. On the basis of these allegations, the petitioner has been confined in this case since 24.09.2020. 4. I have heard and considered the submissions advanced by the learned counsel representing the petitioner and the learned Public Prosecutor and have gone through the material available on record. 5. Suffice it to say that the only material on the basis whereof the petitioner has been identified as a co-accused in this case is the disclosure made by the accused Jasveer Singh to the police officials. The admissibility of such disclosure would have to be assessed by the Juvenile Justicie Board during the course of enquiry. However, for the present, I am of the opinion that as the petitioner is confined in this case for the last nearly 9 months and since, conclusion of enquiry is unlikely in near future because of the prevailing Covid pandemic situation and as the petitioner does not have any criminal antecedents as per the order rejecting bail, he deserves to be enlarged on bail during pendency of the enquiry before the Juvenile Justice Board. Hence, the order rejecting the application for bail filed on behalf of the petitioner so also the order rejecting petitioner's appeal, cannot be sustained and deserve to be set aside. 6. Consequently, the instant revision is allowed. The impugned order dated 09.10.2020 passed by learned Principal Magistrate, Juvenile Justice Board, Sri Ganganagar so also the order dated 21.10.2020 passed by the Sessions Judge, Sri Ganganagar are set aside. It is ordered that the accused-petitioner Beant Singh @ Bentu S/o Amarjeet Singh @ Kala Singh arrested in connection with F.I.R. No. No.275/2020 registered at the Police Station Nai Mandi Gharsana shall be released on bail; provided his natural guardian i.e. father furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned Juvenile Justice Board with the stipulation to appear before the Board on all dates of hearing and as and when called upon to do so.