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2006 DIGILAW 827 (DEL)

RAJ KUMAR v. STATE GOVERNMENT OF NCT OF DELHI

2006-05-03

BADAR DURREZ AHMED

body2006
BADAR DURREZ AHMED, J. ( 1 ) THIS revision petition has been filed against the order dated 14. 2. 2006 passed by the learned Additional Sessions Judge in an appeal under section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act) whereby the petitioner s appeal against the order dated 25. 1. 2006 passed by the learned Principal Magistrate, Justice juvenile Board, Delhi was dismissed. By the said order dated 25. 1. 2006 the justice Juvenile Board had dismissed the application for bail moved on behalf of the petitioner. This order has been upheld and the appeal therefrom has been dismissed by virtue of the impugned order dated 14. 2. 2006 passed by the learned additional Sessions Judge. ( 2 ) THE petitioner is alleged to have committed an offence under section 376 IPC. The question of grant of bail to a juvenile is dealt with under the provisions of Section 12 of the said Act. The said Section clearly provides that when any person accused of a bailable or non-bailable offence, who is apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the code of Criminal Procedure, 1973 or any other law for the time being in force, be released on bail with or without surety. However, this requirement is suffixed by the condition that in case there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice, then he shall not be released on bail. ( 3 ) IN the present case, I called for the special investigation report which is now available before the Court and I find that there is nothing in the special investigation report which would indicate that there is any likelihood of the juvenile being brought into association with any known criminal or expose him to moral, physical or psychological danger and which would also result in any defeat of the ends of justice. ( 4 ) IN these circumstances, I feel that the petitioner is entitled to the grant of the bail and accordingly, he is directed to be released on bail on his father furnishing a personal bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Juvenile Justice Board. The father of the juvenile shall also file an affidavit before the Juvenile justice Board to the effect that he shall take care of the juvenile and shall ensure that he does not come in contact with any known criminal. He will also ensure that his son (the juvenile) would not be exposed to any moral, physical or psychological danger. I further direct that the petitioner would not venture near the residence of the prosecutrix. ( 5 ) BEFORE parting with this revision petition, I would like to point out that the impugned order does not make any reference to the social investigation report. The social investigation report, if available, is an important document which ought to be taken into consideration at the time of considering the question of grant of bail under Section 12 of the said Act to a juvenile. The social investigation report sets out important social aspects with regard to the background of the juvenile as well as the social conditions in which the juvenile would be placed if he is released on bail. Normally, the social investigation reports, I think, they should always do so, indicate the mental attitudes of the juveniles. The reports should also indicate as to whether there is any likelihood of the juvenile being exposed to the danger of association with any known criminals or to any moral, physical and psychological danger if the juvenile is released on bail. I have noted that in some social investigation reports, the officers making such reports have also strayed into making comments with regard to the merits of the case. This should be avoided. However, this does not mean that any statement made by the juvenile with regard to his non-complicity in the alleged crime should be filtered. Whatever the juvenile has stated must be truly recorded in the social investigation report. This should be avoided. However, this does not mean that any statement made by the juvenile with regard to his non-complicity in the alleged crime should be filtered. Whatever the juvenile has stated must be truly recorded in the social investigation report. ( 6 ) IT must also be remembered that when the Board and / or any Court deals with a case of bail under Section 12 of the said Act, bail, as a matter of right, is to be granted to the juvenile except where conditions prescribed under section 12 itself for the non-grant of bail are satisfied. The Board or the court must examine as to whether there are any grounds for believing that the release is likely to bring the juvenile into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. It must be remembered that the said Act is beneficial legislation for the protection and care of the juvenile. The emphasis is on the juvenile and, all orders passed must be tempered with this in mind. ( 7 ) WITH these directions, the impugned order is set aside and the petitioner is directed to be released on bail as indicated above. ( 8 ) A copy of this order be sent to the Juvenile Justice Board for circulation to persons who would be preparing social investigation reports. This application stands disposed of. Dasti. .