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2024 DIGILAW 106 (UTT)

XYZ v. State of Uttarakhand

2024-02-21

RAVINDRA MAITHANI

body2024
JUDGMENT : RAVINDRA MAITHANI, J. 1. The challenge in this revision is made to the followings: (i) Order dated 20.03.2023 passed in Bail Application No. 3 of 2023, State v. Gaurav Singh Martoliya (“the case”), by the Juvenile Justice Board, Pithoragarh (“JJB”) by which the bail application of the revisionist has been rejected. (ii) Judgment and order dated 31.03.2023 passed in Criminal Appeal No. 14 of 2023, Gaurav Singh Martoliya alias Golu vs. State of Uttarakhand, by the Children Court/Sessions Judge, Pithoragarh, by which the appeal has been dismissed and the order dated 20.03.2023 passed in the case has been affirmed. 2. The revisionist is Child in Conflict with law (“CIL”). According to the FIR, on 05.03.2023, the revisionist along with the co-accused had gone to celebrate Holi festival. There they had a scuffle with the deceased Rajendra alias Raju Laspal. The FIR records that the deceased was pushed from the lodge of Rajendra Singh Rawat. He initially sustained serious injuries and thereafter succumbed to those injuries. 3. Heard learned counsel for the parties and perused the record. 4. Learned counsel for the revisionist would submit that the revisionist is a CIL; he has a family back at home; the incident took at a spur of moment; it is not a case a premeditated offence; the revisionist is a student; no purpose would be served if he is confined in the observation home. 5. Learned counsel for the informant would submit that the revisionist along with the co-accused pushed the deceased in a valley. 6. Learned State Counsel would submit that there are eyewitnesses of the evidence; there are sufficient evidences. She would also submit that the social investigation report of the revisionist is satisfactory. 7. It is a bail of a CIL. The bail in such matters is governed by Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (“the Act”). According to it, notwithstanding anything contained in the Code of Criminal Procedure, 1973, the CIL shall be released on bail in each case, subject to certain riders. A CIL may be released on bail, unless there are reasonable grounds to believe that it is likely to bring the CIL into association to any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. 8. A CIL may be released on bail, unless there are reasonable grounds to believe that it is likely to bring the CIL into association to any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. 8. The Act ensures that the best interest of the child is to be maintained. Section 3 of the Act lays down the general principles, which are to be followed in the administration of the Act. Presumption of innocence is one of them. What is most important is principle of best interest and principle of family responsibility. According to the principle of family responsibility, the primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be. The Court may not go into the reasons for enacting such an Act. Understandably, it has been so enacted so as to ensure proper and overall growth of a child with dignity, affection and Care. 9. The social investigation report of the revisionist is on record. It reveals that the father of the revisionist is also in jail. His mother is a labourer. The revisionist has been studying in Class XI. They have regular source of income. Nothing adverse has been reported in the social investigation report. 10. Having considered the social investigation report and all other attending circumstances, this Court is of the view that in this case, there is no impediment in the grant of bail to the CIL. Accordingly, the revision deserves to be allowed. 11. The revision is allowed. The impugned judgment and orders are set aside. 12. The CIL be given into the custody of his mother subject to production of two reliable sureties. The mother of the CIL shall also give an undertaking that she shall take care of the CIL and shall not allow him to contact any of the witnesses or their family members. The mother of the CIL shall also undertake that she shall also not contact either the witnesses or any of their family members.