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2024 DIGILAW 218 (UTT)

“X”, through his Natural Guardian v. State of Uttarakhand

2024-03-22

RAVINDRA MAITHANI

body2024
JUDGMENT : Ravindra Maithani, J. The challenge in this revision is made to the followings:- (i) Order dated 11.08.2023 passed by the Juvenile Justice Board, Nainital (JJ Board) in FIR No. 318 of 2023, under Sections 363, 366, 376 IPC and Section 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, P.S. Ramnagar, District Nainital, by which the bail application of the revisionist has been rejected; and (ii) Order dated 10.11.2023 passed in Criminal Appeal No. 15 of 2023, by the Special Judge (POCSO)/Additional District Judge/FTC, Haldwani, District Nainital, by which the appeal has been dismissed and the order dated 11.08.2023 passed by the JJ Board has been affirmed. 2. The revisionist is a Child in Conflict with law (“CIL”). He also seeks bail. 3. Heard learned counsel for the parties and perused the record. 4. The victim was found missing from her house on 17.07.2023. Suspicion was raised on the revisionist that it is he who had enticed her. Subsequently, the victim was recovered, when she was with the revisionist. She revealed that she and the revisionist were in relationship; they got married and established physical relations. 5. Learned counsel for the revisionist would submit that the bail has been rejected by the courts below merely on the ground that the offences are serious in nature; the bail of the revisionist has been rejected without considering the Social Investigation Report. 6. Learned State Counsel would submit that the victim has supported the prosecution case; 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. 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. 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 before the Court, which reveals that the revisionist belongs to a humble background. He works in a shop. There is nothing adverse against him. The Social Investigation Report as tendered before the Court is made part of the record. 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 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.