Ankit Santosh Prasad (Juvenile) Thro … vs State Of Gujarat on 30 March, 2026

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    Gujarat High Court

    Ankit Santosh Prasad (Juvenile) Thro … vs State Of Gujarat on 30 March, 2026

    Author: Gita Gopi

    Bench: Gita Gopi

                                                                                                                   NEUTRAL CITATION
    
    
    
    
                               R/CR.RA/1549/2025                                     ORDER DATED: 30/03/2026
    
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                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                           R/CRIMINAL REVISION APPLICATION (FOR REGULAR BAIL) NO. 1549
                                                     of 2025
    
                          ==========================================================
                                ANKIT SANTOSH PRASAD (JUVENILE) THRO SANTOSHKUMAR
                                                  VISHESHVAR RAM
                                                       Versus
                                                 STATE OF GUJARAT
                          ==========================================================
                          Appearance:
                          MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
                          MR BHARGAV PANDYA APP for the Respondent(s) No. 1
                          ==========================================================
    
                            CORAM:HONOURABLE MS. JUSTICE GITA GOPI
    
                                                              Date : 30/03/2026
    
                                                                     ORDER
    

    1. RULE. Learned Additional Public Prosecutor waives
    service of notice of Rule on behalf of respondent – State.

    2. The revision application under Section 102 of the
    Juvenile Justice (Care and Protection of Children) Act, 2015
    (herein after referred to as ‘the J.J. Act‘), challenges the order
    dated 31.01.2025 passed in Criminal Misc. Application
    No.1110 of 2025 by the Juvenile Justice Board, Surat and
    order dated 26.03.2025 passed in Criminal Appeal No.220 of
    2025 by the Additional Sessons Judge, Surat in connection
    with FIR being C.R. No.11214046241186/2024 under Sections
    103(1)
    , 103(3), 115(2), 189(2), 190, 191(2) and 126(2) of
    B.N.S.S. and Section 135(1) of the G.P. Act before the Palsana
    Police Station.

    SPONSORED

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    3. The complaint records that the complainant and his
    brother-in-law Rohit Chhatrapal Lodhi had gone to the garage
    of the present Child in Conflict with Law (herein after referred
    to as the ‘CCL’ for short), as there were some sound in the
    bike and for repairing of the fault the present CCL had taken
    the charge of Rs.20/- from the complainant, but soon
    thereafter, again they found that the bike was still exerting
    noise and therefore, the brother-in-law of the complainant had
    inquired about the noise and it is alleged that CCL got excited
    and started quarrel with Rohit and complainant.

    3.1 It is the case of the complainant that thereafter they left
    the place and again when brother-in-law Rohit and his brother
    Shravan had gone to the garage of the CCL, it is alleged that
    the CCL had attacked Rohit, but as his brother intervened,
    Shravan sustained injury on his chest, which is alleged to have
    been given by one instrument named as ‘Pechu’ (screw
    driver), which is used in the garage.

    3.2 It is further case of the complainant that thereafter
    complainant and Rohit had gone to the market on the
    motorcycle for purchasing of oninos and when they were
    passing from the corner of lane of the society on the
    motorcycle, it is alleged that the present CCL along with three
    others and one unknown person, who often comes to the
    garage of the present CCL, all of them had stopped them on
    the road, and seeing them the complainant and Rohit were
    frightened and had tried to take U-turn with the motorcycle,

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    but because of heavy rain, motorcycle got slipped and as a
    result the complainant and Rohit both fell down on the
    ground. It is further alleged that thereafter the present CCL
    along with others had assaulted and had given kick and fist
    blows, and suddenly the CCL gave a blow with the knife to
    Rohit at his back, who fell down and was bleeding. The police
    was informed by some resident of the society.

    4. Learned advocate Mr.Kishan H.Daiya submitted that the
    cause of quarrel, if at all has to be taken into consideration
    then it was the repair of the vehicle for which charge of
    Rs.20/- was recovered by the CCL. Mr. Daiya submitted that
    there was no cause for Rohit and Sharavan to again go to his
    garage for invoking quarrel. Mr. Daiya submitted that the role
    of the complainant and Sharavan has not become clear as to
    what force both of them had used against CCL, who was all
    alone at that time, and the weapon which is alleged, with
    which Shravan got injured, was because Sharvan has
    intervened was available in the garage; the cause and effect of
    the incident has not been brought on record, where the CCL
    was confronted by two major persons, the role of two major
    persons at that place of incident does not become clear in the
    compliant, and whether CCL was defending his ownself
    against two majors, would only be the reason for inflicting
    injury.

    4.1 Advocate Mr. Daiya further stated that another incident
    appears to have been self invited, where the cause of going to
    the market for purchasing onions also becomes hard to

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    believe. Mr. Daiya stated that it was not the case that the CCL
    and others, wherein one of them was another CCL, would
    have waited for them to come and then cause the injury.

    4.2 Advocate Mr. Daiya submitted that from where the knife
    had come in the hand of the present CCL also does not
    become clear, when both the complainant and Rohit had fallen
    in the puddle because their motorcycle got slipped. Mr. Daiya
    stated that the injury could have been sustained by some
    other means, and submitted that again it would become a case
    of self-defence, wherein inspite of allegation of earlier quarrel,
    which had alleged to have occurred with Rohit and Shravan,
    there was no reason for Rohit and the complainant again to
    pass by the garage of the CCL.

    5. Per contra, learned APP Mr. Bhargav Pandya submitted
    that the temprament of the CCL is also required to be
    considered, where he was armed with screw driver and knife
    at both the incidents and had injured Rohit. Learned APP Mr.
    Pandya stated that the incident has been witnessed by one
    Rasuben Shimabhai Kalabhai Sihaliya and thus, submitted
    that the CCL appears to have criminal mentality and if he is
    released on bail, he may continue with such activity and may
    also fall in the Company of other criminals and thus, urged to
    reject the application. Learned APP has placed on record
    report of Police Inspector Palsana Police Station

    6. The complaint does not clarify that in spite of repair
    work done of the motorcycle why again Rohit and Shravan

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    had to go back to pick up quarrel with the CCL. At that time,
    as per the complaint, CCL was all alone and the injury stated
    to have caused by the screw driver. There is no complaint
    filed of that incident to the police.

    6.1 Again on that very same day, the complainant and Rohit
    were passing by the garage of the CCL stating that they were
    heading towards market and when seeing four of them
    together, the rest of three, who were often frequenting the
    garage of the CCL, the complainant and Rohit got frightened
    and they tried to turn their motorcycle, but because of the
    rain they fell down in the puddle, and thereafter it is alleged
    that the CCL and others four had given kick and fist blows and
    the present CCL gave a knife blow on the back of Rohit.

    7. Taking into consideration the whole chain of events, as
    alleged and when the CCL is a working member of the family,
    and when the specific cause does not come on record, where
    after the repair of the vehicle Rohit and his injured brother
    Shravan had gone there and thereafter again the complainant
    and Rohit passed near the garage of the CCL, the specific role
    of the complainant and the person, who were accompanying
    on both the time of alleged incidet, does not become clear,
    while the allegation is attributed to the CCL and the others.

    8. In the case of Child in Conflict with Law Through
    Savitaben Vitthalbhai Vasava Vs. State of Gujarat
    , 2022
    (0) AIJEL-HC 244005 (passed in CRRA No.901 of 2021 on
    28.04.2022)

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    17. Section 12 of the JJ Act, 2015 which deals with the
    grant of bail to a child expressly contains the
    nonobstante phrase to be as “…. notwithstanding
    anything contained in the Code of Criminal Procedure,
    1973 (2 of 1974) or in any other law for the time being
    in force, be released on bail …”. This very provision in
    Section 12 clarifies that provisions of Cr.PC is
    excluded in the case of bail plea of the child. Further,
    it requires to be noted that Section 12 is a specific
    provision under the special statute that deals with the
    matter of bail and accordingly, the application of
    Section 439 of the Cr.PC is also necessarily excluded.
    Cr.PC contains a corresponding clause which is for
    application on special lines. Considering this aspect in
    case of a bail application on behalf a child, it would be
    required to be concluded that such bail plea would not
    be maintable under Section 439 of Cr.PC.

    19. Non-applicability of Section 439 of Cr.PC in case of
    child in conflict with law has been appreciated by
    various High Courts. This Court would like to refer to
    the decision of the High Court of Delhi in the case of
    CCL ‘A’ v. State (NCT of Delhi) in Bail Application
    No.2510/2020 (dated 19.10.2020), where the Court
    had observed as under :-

    “44. In formulating the above position, this court finds
    support in the view taken by the Division Bench of the
    Chhattisgarh High Court in Tejram Nagrachi Juvenile
    vs. State of Chhattisgarh Through the Station House
    Officer4, where the Division Bench has opined that an
    application for grant of bail under section 437 Cr.P.C.
    or 439 Cr.P.C. would not be maintainable in the case of
    a juvenile. The relevant paras of the judgment are as
    under:

    “7. A conjoint analysis of the provisions contained in
    Sections 437 and 439 of the Code viz a viz Sections 8,
    10 and 12 of the Act, 2015 would discern that while
    there are certain general guidelines under Sections
    437 & 439 of the Code, power in respect of grant of
    bail to a juvenile is more liberal in the nature of
    command under Section 12(1) that whenever an
    apparent juvenile alleged to have committed a bailable
    or nonbailable offence is detained by the police or
    appears or brought before a Board, such person shall,
    notwithstanding anything contained in the Code or in
    any other law for the time being in force, be released
    on bail with or without surety or placed under the
    supervision of a probation officer or under the care of
    any fit person. The only rider for not releasing the

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    apparent juvenile is that whenever there appears
    reasonable grounds for believing that the release is
    likely to bring that person (Juvenile) into association
    with any known criminal or expose the said person to
    moral, physical or psychological danger or his release
    would defeat the ends of justice, the Board shall record
    the reasons for denying the bail and circumstances
    that led to such a decision. This rider as contained in
    proviso to Section 12(1) requires the Board to record
    reasons for denying the bail. It would mean that
    ordinarily the bail is to be allowed to a juvenile. The
    denial being exceptional on certain reasons to be
    recorded by the Board as provided in the proviso. This
    special provision is not contained under Section 439 of
    the Code.

    “8. ………. While there is no denial of the fact that when
    the Court of Sessions exercises appellate power under
    Section 101(2) and the High Court exercises revisional
    power under Section 102 of the Act of 2015, it shall
    exercise power of the Board provided under Section
    8(2)
    , but this power of the Board would also be
    available to the Court of Sessions or to the High Court
    when it proceeds to examine the plea of juvenile for
    grant of bail whenever such occasion arises on account
    of bail application of juvenile being rejected under
    Section 12 of the Act of 2015. Therefore, by use of the
    term “otherwise” in Section 8(2), jurisdiction under
    Section 439 of the Code would not be attracted which
    is otherwise excluded by use of the term
    “notwithstanding anything contained in the Code of
    Criminal Procedure
    , 1973 (2 of 1974) or in any other
    law for the time being in force”, as occurring in
    Section 12 (1).” (emphasis supplied)

    20. The law therefore, is clear on the aspect that since
    Section 12 of the JJ Act bears a non-obstante clause
    which indicates legislative intent that the source of
    power to grant bail under the JJ Act, 2015 is
    independent from that of the Cr.PC. Thus, it can be
    said to be concluded that Section 439 of the Cr.PC is
    not applicable on the issue of grant or denial of bail to
    a child alleged to have committed bailable or non-
    bailable offence who is to be dealt with by the Special
    Statute, i.e. JJ Act, 2015 which contains the specific
    provision for bail under Section 12 of JJ Act, 2015.”

    9. Having considered the role and the object of the J.J. Act,
    the present application succeeds and is allowed. The child in
    conflict with law is ordered to be released on bail in

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    connection with C.R. No.11214046241186/2024 registered
    before Palsana Police Station, Surat on the applicant’s father
    executing a personal bond in sum of Rs.10,000/- with a
    condition that he would take care of his child for his good
    behaviour and his well being.

    10. It is directed that the Probation Officer shall monitor the
    conduct of the child in conflict with law and shall quarterly
    submit the report before the concerned Board/Children’s
    Court till completion of the trial. Moreover, if the Probation
    Officer considers any necessity of sending the juvenile for any
    behavior modification then necessary therapy and psychiatric
    support be provided to the child in conflict with law.

    Direct service is permitted.

    (GITA GOPI,J)
    Pankaj/1

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