Rajasthan High Court Flags 'Intentional' Police Lapse In Murder Probe, Refuses Bail To Juvenile Accused

Raising apprehension of an 'intentional' lapse in investigation by the police, Rajasthan High Court recently upheld the rejection of bail to a 13-year old accused in a murder case. [2026 LiveLaw (Raj) 268]

The bench of Justice Ravi Chirania observed that despite complainant's written refusal for post-mortem at the relevant time, it was police's duty to conduct the Panchnama while handing over the body to the family.

“…though the complainant may have refused for post mortem at the relevant time by submitting a hand-written letter, but it was the duty of the police officer who was present at that time in the hospital to conduct the Panchnama, who did not conduct the same while handing over the body to the complainant and other family members for performing the funeral. There is a serious lacuna on the part of police which appears to be intentional in conducting the investigation in the case,” the Court said.

For context, an FIR was filed against the accused, alleging murder. It was the case of the accused person that the FIR was filed after a long delay of one month from the date of the incident.

At the relevant time, the complainant (deceased's father) himself had given a written letter to the SHO. He had negated any grievance against any person, and had not pressed for post-mortem of the deceased or any kind of legal proceedings. Hence, no post-mortem was conducted.

Further it was submitted by the petitioner's counsel that the FIR was lodged one month after, as an afterthought in which the police had filed a negative final report.

Against this final report, a protest petition was filed and cognizance was taken against the accused. The present revision petition was filed seeking release of the accused person on bail.

On the contrary, State contended that the petitioner and his family members manipulated the investigation, and did not allow the post-mortem to be conducted. Further, the funeral was also conducted late at night, in a haste.

Counsel for the complainant alleged that no fair investigation was conducted by the police, and the body was handed over to the family without following due procedure.

After hearing the contentions, the Court observed that inaction on part of the police officer, who was present at the hospital, in conducting the panchnama, was a serious lacuna on the part of the police, and it appeared to be intentional.

Accordingly, the Court rejected the bail of the accused juvenile.

Title: Conflict with law Juvenile X v State of Rajasthan

Citation: 2026 LiveLaw (Raj) 268

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