The Rajasthan High Court has refused to grant bail to a juvenile accused in a murder case registered in Dausa district, while expressing concern over serious shortcomings in the police investigation. The Court observed that although the deceased's family initially declined a post-mortem, the investigating officers were still duty-bound to follow the legal procedure, including preparing the required panchnama before releasing the body.
Background of the Case
The revision petition was filed by a juvenile, aged about 13 years and six months at the time of the alleged incident, challenging an order dated April 10, 2026, by the Special Judge, Juvenile Court, Dausa, which had rejected his plea for bail. The case arises from FIR No. 182/2022 registered at Mandawar Police Station for offences under Sections 302 and 120-B of the Indian Penal Code.
The defence argued that the FIR was lodged more than a month after the alleged incident. It also submitted that the deceased's father had initially informed the police that he had no grievance against anyone and had declined a post-mortem examination. According to the petitioner, the police had initially filed a final report after finding no case against him, but cognizance was later taken by the trial court on a protest petition, leading to his arrest.
Opposing the plea, the State and the complainant argued that the petitioner and his family members were allegedly involved in the incident and that the investigation had been compromised because the post-mortem was not conducted and the funeral was held in haste. They further contended that the trial court had already examined the available material before taking cognizance against the juvenile.
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After examining the record, Justice Ravi Chirania noted that even if the complainant had declined a post-mortem, the police officer present at the hospital was legally required to prepare the panchnama before handing over the body.
The Court observed,
"There is a serious lacuna on the part of police which appears to be intentional in conducting the investigation in the case."
The High Court also noted that the trial court had already considered the available material while taking cognizance against the petitioner.
Considering the overall facts and circumstances, the High Court held that it was not inclined to enlarge the juvenile on bail at this stage.
Accordingly, the criminal revision petition was dismissed.
Case Details:
Case Title: Conflict With Law Juvenile X v. State of Rajasthan
Case Number: S.B. Criminal Revision Petition No. 750/2026
Judge: Hon'ble Mr. Justice Ravi Chirania (V.J.)
Decision Date: July 1, 2026
