Juvenile `X` through his father v. State of Jharkhand
2025-08-19
SANJAY KUMAR DWIVEDI
body2025
DigiLaw.ai
JUDGMENT : SANJAY KUMAR DWIVEDI, J. Heard Mr. Altamash Khan, learned counsel appearing for the petitioners and Mr. Bhola Nath Ojha, learned counsel appearing for the State. 2. In this criminal revision petition, the prayer is made for setting-aside the judgment dated 21.02.2025 passed in Criminal Appeal No.03/2025 by the learned Additional Sessions Judge-I, Lohardaga cum Special Judge, Children Court, Lohardaga, whereby, the appeal preferred by the petitioner has been rejected and the order dated 20.12.2024 passed by the learned Juvenile Justice Board, Lohardaga in connection with Kuru P.S. Case No.112/2024, corresponding to G.R. No.61/2025, registered for the offences under Sections 25(1-B)a, 26, 35 of the ARMS ACT has been affirmed by the learned appellate court. 3. Learned counsel for the petitioners submits that the petitioners are having no criminal antecedents. He submits that the petitioners are being represented through their fathers. He further submits that there is no adverse remark against the petitioners in Social Investigation Report, which has also been considered by the learned appellate court. He submits that both the petitioners are aged about 16 years and they remained in custody since 15.11.2024. He submits that the petitioners moved before the Juvenile Justice Board, Lohardaga in Miscellaneous Criminal Application No.1750/2024, which has been rejected vide order dated 20.12.2024 and against that order, the petitioner moved before the learned appellate court by filing Criminal Appeal No.03/2025, which has been dismissed vide judgment dated 21.02.2025. He further submits that both the learned Courts have rejected the prayer for bail of the petitioner only on the ground of gravity of crime. He submits that Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 has not been appreciated by both the learned Courts. He submits that the fathers of both the petitioners are ready to give undertaking that they will keep the petitioners away from anti-social elements. On these grounds, he submits that the petitioners may kindly be granted bail. 4. Learned counsel for the State submits that there is recovery of country made pistol from the possession of petitioner no.2. He submits that in view of that, both the learned Courts have rightly rejected the bail application of the petitioners. 5.
On these grounds, he submits that the petitioners may kindly be granted bail. 4. Learned counsel for the State submits that there is recovery of country made pistol from the possession of petitioner no.2. He submits that in view of that, both the learned Courts have rightly rejected the bail application of the petitioners. 5. In light of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, refusal of bail can be only on following three grounds: (i) If there appear reasonable grounds for believing that the release is likely to bring that person into association with any known criminal; (ii) Expose the said person to moral, physical or psychological danger; or (iii) The person’s release would defeat the ends of justice. 6. From perusal of Section 12 of the said Act, it also transpires that seriousness of the alleged offence or the age of the juvenile are also no relevant consideration for denial of bail above 16 years of age and is alleged to have committed a heinous offence is also entitled to get bail under section 12 of the Act, 2015. There is no classification, whatsoever, provided in Section 12 of the Act, 2015 with regard to grant of bail. Section 12 of the Act is applicable to all juveniles in conflict with law without any discrimination of any nature. 7. In view of the above, this Court is satisfied that the reasoning and conclusion of the learned appellate court as well as Juvenile Justice Board of rejecting the bail application of the petitioners on the ground that the arms have been recovered, does not sound to be good. 8. In that view of the matter, the judgment dated 21.02.2025 passed in Criminal Appeal No.03/2025 by the learned Additional Sessions Judge-I, Lohardaga cum Special Judge, Children Court, Lohardaga and the order dated 20.12.2024 passed by the learned Juvenile Justice Board, Lohardaga in connection with Kuru P.S. Case No.112/2024, corresponding to G.R. No.61/2025 are, hereby, set-aside. 9.
8. In that view of the matter, the judgment dated 21.02.2025 passed in Criminal Appeal No.03/2025 by the learned Additional Sessions Judge-I, Lohardaga cum Special Judge, Children Court, Lohardaga and the order dated 20.12.2024 passed by the learned Juvenile Justice Board, Lohardaga in connection with Kuru P.S. Case No.112/2024, corresponding to G.R. No.61/2025 are, hereby, set-aside. 9. Let the revisionists who are in observation home since 15.11.2024 be released on bail via assurance and surety given by their natural guardian/father, in Kuru P.S. Case No.112/2024, corresponding to G.R. No. 61/2025 after furnishing personal bonds on their fathers with two sureties of their relatives each in the like amount to the satisfaction of Juvenile Justice Board, Lohardaga, subject to the following conditions: (i) Natural guardian/fathers will furnish undertaking that upon release on bail the revisionists will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the fathers will ensure that the juveniles will not repeat the offence; (ii) Natural guardian/fathers will further furnish undertaking to the effect that the juveniles will pursue their study at the appropriate level which they would be encouraged to do besides other constructive activities and not be allowed to waste their time in unproductive and excessive recreational pursuits; (iii) Juveniles and natural guardian/fathers will report to the Probation Officer on the first Monday of every calendar month commencing with the first Monday of September, 2025, and if during any calendar month the first Monday falls on a holiday, then on the following working day; and (iv) The Probation Officer will keep a strict vigil on the activities of the juveniles and regularly draw up their social investigation report that would be submitted to the Juvenile Justice Board, Lohardaga, on such a periodical basis as the Juvenile Justice Board may determine. 10. Accordingly, this criminal revision petition is allowed and disposed of.