'Was Continuously Bullied By Deceased': Gujarat High Court Grants Bail To Teenager Booked For Stabbing Schoolmate

The Gujarat High Court granted regular bail to a teenage boy booked for stabbing his schoolmate last year, after taking note of probation officer's report which stated that the boy had been "continuously bullied" by the deceased. Noting that the petitioner is a school going child and the trial will take its own time to conclude the court granted bail to the petitioner, with the condition that the father will take care of his child for his good behaviour and his well being. The petitioner, aged about 14 years and 9 months at the time of the alleged act, was arrested on 22.08.2025 for offences under Sections 109(1) (attempt to murder) and 103(1) (murder) BNS and section 135(1) of the G.P. Act. It was alleged that the petitioner had given a fatal blow to the deceased child with a knife, opposite their school on a public road. The chargesheet stated that the petitioner was "harbouring the previous enmity" against the deceased. Justice Gita Gopi in her order took note of the report filed by the Probation Officer which stated that the, "deceased child was continuously bulling the present CCL" (child-in-conflict with law). "The conversation, which took place between the present CCL and the deceased child, as reported by the Probation Officer, would show that since one month prior to the incident, the deceased child was putting the CCL under pressure to the extent that the deceased child had threatened the CCL to face the consequences, in case of complaining the teacher. The Probation Officer's report suggests that since from the day of such a threat, the CCL was keeping a knife along with him. On the date of the incident, it was not that there was a direct quarrel between the CCL and the deceased child. As per the Probation Officer, the deceased child was physically assaulting C.W.19 by pressing his neck, at that time, CCL was called by C.W.18 and the CCL had come there and by intervening released all of them, at that time too, the deceased had threatened the CCL and in that circumstances, he gave a knife blow on the stomach". The court referred to Supreme Court's decision in Barun Chandra Thakur v/s Master Bholu & Anr. (2022), where it had referred to the factum of cognitive maturity, observing that intense emotion is likely to affect the cognitive maturation and the child with average intelligence may have the knowledge of the consequences of his action, but his ability to control himself in his actions depends on his level of emotional competence.The court thereafter referred to Section 18 of the Juvenile Justice Act which states that the juvenile justice board may, in case of child who has either committed a petty or serious offence or a child below 16 years who has committed heinous, based on nature of offence the special need for supervision, circumstances in social investigation report, child's past conduct, if it thinks fit allow the child to home after advice or admonition."Having considered the circumstances under which the offence has alleged to have been committed and the report of the Probation Officer of continuous bulling from the side of the deceased child to the CCL and the fact that the CCL is a school going child, and when the trial will take its own time to conclude, the present CCL is ordered to be released on bail...on the applicant's father executing a personal bond in the sum of Rs.10,000/- with a condition that father would take care of his child for his good behaviour and his well being," the court said. The court directed that the Probation Officer shall monitor the conduct of the CCL and shall quarterly submit the report before the concerned Board/Children's Court till completion of the trial. If the Probation Officer considers any necessity of sending the juvenile for any behaviour modification, then necessary therapy and psychiatric support be provided to the child in conflict with law.The plea was disposed of. Case title: X v/s STATE OF GUJARAT & ANR.R/CRIMINAL REVISION APPLICATION (FOR REGULAR BAIL) NO. 126 of 2026Click Here To Read/Download Order2026 LiveLaw (Guj) 108

'Was Continuously Bullied By Deceased': Gujarat High Court Grants Bail To Teenager Booked For Stabbing Schoolmate

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

'Was Continuously Bullied By Deceased': Gujarat High Court Grants Bail To Teenager Booked For Stabbing Schoolmate

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers