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2022 DIGILAW 463 (UTT)

Sanjay Koli (minor) v. State of Uttarakhand

2022-12-23

RAVINDRA MAITHANI

body2022
JUDGMENT Ravindra Maithani, J. - The challenge in this revision is made to the following:- (i) Order dated 19.04.2022, passed in Bail Application No. 34 of 2022, State vs. Sanjay Koli, which relates to the FIR No. 180 of 2022, Police Station Rudrapur, District Udham Singh Nagar, by the Juvenile Justice Board, Rudrapur, District Udham Singh Nagar, and; (ii) The judgment and order dated 21.05.2022, passed in Criminal Bail Appeal No. 90 of 2022, passed by FTC/Additional Sessions Judge/ Special Judge POCSO, Udham Singh Nagar. By it, the appeal has been dismissed. 2. The revisionist is a Child in Conflict with Law (the CIL). According to FIR, on 20.03.2022, the CIL and co-accused assaulted a police personnel, due to which he sustained injuries. 3. Heard learned counsel for the parties and perused the record. 4. Learned counsel for the CIL would submit that co-accused in the case have already been enlarged on bail. The CIL has no criminal antecedent. There is no impediment in releasing him on bail. 5. Learned State Counsel would submit that the applicant is spotted as an assailant in the incident. He admits that the Probation Officer report does not reveal anything against this CIL. 6. In the matters of CIL, bail is essentially a rule. The Act does not make any distinction between bailable or non-bailable offences. As per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 ('the Act'), a CIL must be released on bail irrespective of the fact as to whether he is involved in bailable or non-bailable offence. The only rider is given under the proviso to Section 12(1) of the Act, according to which, if the release of the CIL may bring him in the association of any known criminal or it would be dangerous to his psychological development or it may defeat the ends of justice, such CIL may not be released on bail. 7. The principles on which the Act has been enacted are given under Section 3 of the Act. According to it, the primary responsibility of nurturing, care and protection of a child in conflict in law lies with this biological family or adoptive family, as the case may be. The Probation Officer report reveals that the revisionist has a family to look after. 8. Having considered, this Court is of the view, it makes out a case for bail. 9. The Probation Officer report reveals that the revisionist has a family to look after. 8. Having considered, this Court is of the view, it makes out a case for bail. 9. The impugned order is set aside. 10. Let the CIL be given in the custody of his father, subject to production of two reliable sureties. The father of the CIL shall also give an undertaking that he shall take care of the CIL and shall not allow him to contact any of the witnesses or their family members. The father of the CIL shall also undertake that he shall also not contact either the witnesses or any of any of their family members. 11. The revision is allowed, accordingly.