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2024 DIGILAW 116 (UTT)

A. T. (minor) v. State of Uttarakhand

2024-02-23

RAVINDRA MAITHANI

body2024
JUDGMENT : Ravindra Maithani, J. The challenge in this revision is made to the order dated 18.09.2023, passed in Bail Application No. 02 of 2023, by the Juvenile Justice Board (“the J J Board”), Champawat, by which the bail application of the revisionist has been rejected and order dated 16.01.2024, passed in Criminal Appeal No. 42 of 2023, AT Vs. State of Uttarakhand, by the Juvenile Court/Special Sessions Judge, Champawat, District Champawat (“the appeal”), whereby the appeal has been rejected and the bail rejection order dated 18.09.2023 has been affirmed. The revisionist is a Child-In-Conflict with Law (“the CIL”). He also seeks bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 28.11.2022, 2.985 Kg. charas was recovered from the CIL. 4. Learned counsel for the CIL would submit that the CIL is much poor; he has a family to look after him; his father would take care of him. He would also submit that though, he is resident of Nepal, they had their relations in India; they stay just across the river in the State of Nepal. 5. Learned counsel for the CIL would submit that he had spoken to the CIL in the observation home; he has learnt drawing and he is learning English, but he wants to join his family. 6. During the course of hearing, the father of the revisionist, as identified by the learned counsel for the CIL joined the proceedings through video conferencing and said that the mother of the CIL is in much bad shape; she wants to take care of her son. He would submit that the CIL is innocent. 7. Learned State Counsel would submit that the CIL is doing well in the observation home. She had also interacted with him. But, she would submit that perhaps there is no scope for formal education. She would submit that the social investigation report is not bad. 8. 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. 8. 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. 9. 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. 10. In the social investigation report, there is nothing adverse against the applicant. The father of the CIL is a farmer having a family. The family has no criminal history. 11. Having considered, the entirety of facts, 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. 12. The revision is allowed. The judgment and orders are set aside. 13. 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.