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2023 DIGILAW 250 (UTT)

X v. State of Uttarakhand

2023-04-01

RAVINDRA MAITHANI

body2023
JUDGMENT : RAVINDRA MAITHANI, J. 1. The challenge in this revision is made to the following: (i) Order dated 15.12.2022, passed in Bail Application No. 119 of 2022, State vs. X by the Juvenile Justice Board (“J.J. Board”), Udham Singh Nagar. By it, the bail application of the revisionist filed by his father has been rejected. (ii) Judgment and order dated 10.01.2023, passed in Criminal Bail Appeal No. 290 of 2022, CIL vs. State of Uttarakhand by the court of FTC/Additional Sessions Judge, Special Judge, POCSO, Udham Singh Nagar (“the bail appeal”). By it, the bail appeal filed by the legal guardian/father of the revisionist has been dismissed. 2. The revisionist is a Child-In-Conflict with Law (“the CIL”). He seeks bail also. 3. According to the FIR, on 13.11.2022, at 9:30 in the morning, the CIL, the injured and his brother were playing. Subsequently, ensued in a fight ensued with the injured. In that process, according to the FIR, the CIL somehow fired at the injured with a country made pistol, due to which, he sustained injuries. 4. Learned counsel for the CIL would submit that CIL was a student of Class IXth. After his arrest, he could not joint his classes, therefore, his name has been removed from the school. It is submitted that the CIL has no criminal antecedents. Even there is no criminal history of any of his family members. Therefore, it is a case fit for bail. 5. On the other hand, learned counsel for the injured would submit that if released on bail, the CIL may tamper with the evidence. They are neighbours; the family members of the CIL are threatening the informant and his family members to settle the dispute; it is a case of firing; therefore, it is case of denial of bail. 6. Learned State counsel would adopts the arguments as advanced on behalf of learned counsel for the injured. 7. It is a case pertaining to the CIL. For a child with conflict with law bail is a rule. In fact, for him, all the offences are bailable. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (“the Act”) commands that the Child In Conflict With Law shall be released on bail unless there are reasons to do so. The reasons have been given under proviso to Section 12 (1) of the Act. In fact, for him, all the offences are bailable. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (“the Act”) commands that the Child In Conflict With Law shall be released on bail unless there are reasons to do so. The reasons have been given under proviso to Section 12 (1) of the Act. According to it, such CIL shall not be released on bail, if 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. 8. The principles, which govern the provisions of the Act under Section 3 of the Act. According to one of its principles, the primary responsibility of care, nurture and protection of the child shall be that of the biological family or adopted or some foster, as the case may be. 9. Admittedly, the incident took place in a spur of moment suddenly when the CIL and other were playing including the injured. The Probation Officer report does not record anything adverse against the CIL. It records that the CIL was then studying in Class IXth. His family has a very humble background. 10. Having considered, the entirety of facts, this Court is of the view the CIL is entitled to be enlarged on bail. 11. The revision is allowed. The impugned orders are set aside. 12. The CIL be given into 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 their family members.