Court Criticizes Record Handling; Calls for Inquiry into Alleged Fabrication by Judicial Officer
In a significant ruling, the Rajasthan High Court has ordered the release of a juvenile accused on default bail, citing a failure by the prosecution to file a charge-sheet within the stipulated period. The judgment, delivered on February 17, 2026, by Justice Farjand Ali, emphasized the juvenile's statutory right to bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 12 of the Juvenile Justice Act.
The case arose when an FIR was filed at Police Station Luni, Jodhpur, accusing the juvenile, identified as "V", and another co-accused of serious offenses, including gang rape under the Protection of Children from Sexual Offences (POCSO) Act. Despite the gravity of the charges, the court found discrepancies in the judicial records, particularly concerning the alleged filing of the charge-sheet.
The court noted that the juvenile was detained on August 28, 2025, and the charge-sheet was purportedly filed on November 21, 2025. However, the absence of a contemporaneous judicial order-sheet recording this filing cast doubt on its authenticity. Justice Ali highlighted the lack of a supporting order-sheet for the charge-sheet filing and inconsistencies in subsequent judicial entries, which suggested possible manipulation of records.
Moreover, the court scrutinized the prosecutrix's statement, which did not mention the juvenile's involvement in the alleged crime. This omission further strengthened the case for the juvenile's release on bail.
Justice Ali's judgment underscored the importance of maintaining accurate judicial records and called for an inquiry into the possible fabrication of documents by the presiding officer. The judgment emphasized that the integrity of the judicial process is paramount and that any deviation must be thoroughly investigated to preserve public confidence in the judiciary.
The court's decision also highlighted the broader implications of such discrepancies, particularly regarding the personal liberty of juveniles. It reiterated that judicial conduct should adhere to high standards of purity and ethics, and any doubts should be subjected to impartial inquiry.
The judgment has been forwarded to the Chief Justice for further consideration, potentially leading to institutional scrutiny to address the concerns raised.
Bottom Line:
Default bail under Section 187(3) of BNSS and Section 12 of Juvenile Justice Act is a statutory right for a juvenile, when the charge-sheet is not filed within the stipulated period. Judicial records must reflect unimpeachable accuracy, and any deviation raises serious concerns about judicial integrity.
Statutory provision(s): Juvenile Justice Act, 2015 Section 12, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 187(3)
V v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2855825
