JUDGMENT : 1. This criminal appeal is directed against the order dated 03.11.2022 passed in M.C.A. No. 622 of 2022, passed in Children Court Case No. 05/2022 passed by learned Additional Sessions Judge-1st- cum-Special Judge, Children Court, Bokaro in Siyaljori P.S. Case No. 46 of 2021 dated 05.11.2021 registered u/s 376 of IPC in the district of Siyaljori, Jharkhand, whereby and where under the prayer of the appellant for releasing him on bail has been rejected. 2. The prosecution case is based on the written report of the informant who stated, inter alia, that on 05.11.2021 at about 5.00 O’clock evening the victim aged about 65 years of age was coming from her village to graze her cow then Prince Kumar son of Madhu Singh resident of Parwatpur Tola, Sitrampur P.S. Bangariya OP, Siyaljori, District Bokaro committed rape with her at the bamboo bushes and fled away due to which blood was oozing from the private part of the victim and somehow she reached at her home. Hence this case. 3. Heard Mr. Lukesh Kumar, learned counsel for the appellant and Mr. Manoj Kr. Mishra, learned Addl.P.P. for the State. 4. Learned counsel appearing for the appellant submitted that the appellant is innocent and he has been falsely implicated in this case and he is in custody since 07.11.2021. It has further been pointed out that the trial of this case has commenced in the Children Court after framing the charge on 13.04.2022 and out of six prosecution witnesses four witnesses have been examined including the victim of the case and the victim examined as P.W. 4 has totally falsify the case of prosecution when she deposed in the cross examination categorically vide para 7 that she had fallen on the bush of the bamboo because the appellant had pushed her and therefore the victim had sustained injuries and hence she did not support the case of the prosecution for commission of the offence of rape and as such the prosecution story has been falsified by the victim herself in her testimony before the court in course of the trial. It has also been pointed out that there is no criminal history against the appellant and on earlier occasion he was a student and the social investigation report as received by this Court has also disclosed many facts about the appellant indicating there was no ground as envisaged u/s 12 of the J.J. Act, 2015 to reject the bail of the appellant and, therefore, he deserves to be released on bail. 5. On the other hand, learned Addl.P.P. for the State opposed the prayer of bail of the appellant stating that although in the cross examination the victim has not supported the case of the rape but in examination-in-chief she has fully supported the case of the prosecution and it is further corroborated by the medical report and the trial of the case is going on and two of the witnesses are still left to be examined as evident from the impugned order dated 03.11.2021 and, therefore, the appellant does not deserve to be released on bail. 6. Having heard the parties perused the record of the case, including the reports received from the court concerned including injury reports of the victim, social investigation report and the statement of the victim recorded u/s 164 of Cr.P.C. It has been pointed out that the age of the appellant at the time of commission of the offence was 17 years. It is found that the appellant is in jail since 07.11.2021 and social investigation report reveals the fact that he has been in cordial relationship with his parents and all his siblings including sisters and there is no criminal history against him and therefore the possibility of the appellant to come into association of any known criminal is very remote. Further from the social investigation report, it is also found that he has been a student of a school namely MGM Public School, Usardih, Bijulia, Bokaro but he has become irregular since last 6 to 7 years. Further it is also evident from the social investigation report that he is having good behavior with his peer and fellow men and he respects his elders and no any bad habit prevailing in the appellant. Further it is also evident from the social investigation report that he is having good behavior with his peer and fellow men and he respects his elders and no any bad habit prevailing in the appellant. It has also been suggested in the social investigation report that in absence of the proper guardianship and father of the this appellant being alcoholic, this boy was neglected and therefore his education become irregular and it has also suggested that an order can be passed with a direction to the parents to keep vigil on the boy- (the appellant). 7. Having taken into consideration of all the facts it is found that the release of the appellant would not expose the appellant to any moral, physical and psychological danger because he has been in a good relationship with his peers, fellow persons, siblings and parents and due to negligence of his father his education has become irregular. Further, there is no criminal history of the appellant and therefore there is no likelihood to bring the appellant in association of any known criminal and hence, under the circumstances the release of the appellant on bail would not defeat the ends of justice in asmuch as the trial of the case has commenced, victim has been examined and hence possibility of tampering the evidence is very remote and the appellant is in jail since 07.11.2021. 8. In the backdrop of facts and circumstances of the case, the appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-1st- cum-Special Judge, Children Court, Bokaro in Siyaljori P.S. Case No. 46 of 2021 dated 05.11.2021 registered u/s 376 of IPC in the district of Siyaljori, Jharkhand subject to the condition, inter alia, that one of the parents would be one of the bailers and further the father of the appellant will submit an undertaking before the concerned court below that they will take proper care and attention of the appellant and will ensure that the appellant will go to school regularly and also the appellant will cooperate in the trial which is going on in the court below. 9. 9. The secretary DLSA, Bokaro is directed to ensure that proper counseling of the appellant is conducted intermittently so that his education must be streamlined with the help of concerned officials of the Biokaro District. The Chairman-cum-Principal District and Sessions Judge, Bokaro and the Vice-Chairman-cum-Deputy Commissioner of the District Bokaro shall ensure that the direction of this Court to the Secretary, DLSA, Bokaro is complied with in letter and spirit. 10. Let a copy of this order be sent to the Secretary, DLSA, Bokaro and to The Chairman-cum-Principal District and Sessions Judge, Bokaro and the Vice-Chairman-cum-Deputy Commissioner of the District Bokaro. 11. Accordingly, this appeal is allowed.