[2025:JHHC:25354] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 534 of 2025 Shahil Mansoor @ Shahil Bachha @ Sahil Mansoor, aged about 18 years 11 months, through his mother Rozi Parveen @ Rozi Parveein, son of Md. Rafique, resident of Mansoor Manzil, Shastri Nagar, Block No.2, P.O. & P.S.-Kadma, District- East Singhbhum. ..... … Petitioner Versus 1. The State of Jharkhand. 2. Rakesh Kumar, son of Bishnu Dayal Singh, R/o Flat No. 201, Madhusudan Apartment, Dimna Road, P.O. and P.S.-MGM, District-East Singhbhum, State-Jharkhand. ..... … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. P.S. Bajaj, Advocate. For the State : Mr. P.K. Chatterjee, Spl.P.P. ------ 04/ 26.08.2025 Heard learned counsel appearing for the petitioner and learned Spl.P.P. for the State. 2. This revision petition has been filed for setting aside the order dated 30.09.2024, passed by the learned Principal Magistrate, Juvenile Justice Board, Jamshedpur, in connection with Sitaramdera P.S. Case No. 158 of 2023 corresponding to G.R. No. 1856 of 2023, registered for the offence under Sections 448, 341, 324, 326, 332, 353 and 307 of the Indian Penal Code, whereby the prayer for bail of the petitioner has been rejected and further prayer is made for setting aside the judgment dated 11.12.2024, passed in Criminal Appeal No. 240 of 2024 by the learned Additional Sessions Judge-I-cum-Special Judge, Children Court, Jamshedpur, whereby the order of the learned Principal Magistrate, Juvenile Justice Board, Jamshedpur has been confirmed by the learned appellate court. 3. Learned counsel appearing for the petitioner submits that the petitioner is a juvenile and aged about 17 years and odd. He submits [2025:JHHC:25354] -2- that the petitioner is completely innocent, however, allegations are made of making assault upon a court staff in the court room in the Civil Court, Jamshedpur. He further submits that now the trial has proceeded and four out of seven witnesses have been examined. He submits that P.Ws. 1, 2 and 3 have not identified the petitioner in clear terms. He further submits that the petitioner is in remand home since 01.09.2023 and the petitioner is being represented by his mother and she is ready to give any undertaking and she will take care of the child and she will not allow him to accompany any known criminal and she will not allow him to expose him to moral, physical or psychological danger and she is also ready to swear an affidavit in this regard. He further submits that both the learned courts have rejected the prayer for bail considering the gravity of the offence. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that assault has been made upon the court staff by way entering into the court room. He submits that the petitioner was apprehended at the spot. 5. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, deals with bail to juveniles. On perusal of Section 12 of the J.J. Act, 2015, it is crystal clear that the juvenile can be denied bail only on the following three grounds (i) if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal, or (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 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. Section 12 of the Act is applicable to all juveniles in conflict with law without any discrimination of any nature. [2025:JHHC:25354] -3- 7. In view of the above, it transpires that the petitioner is a juvenile and his mother is representing this petitioner and mother is ready to take care of the petitioner and both the learned courts have rejected the prayer for bail considering the gravity of the offence. The court finds that the said reasoning does not sound good. 8. In that view of the matter, the impugned order dated 30.09.2024, passed by the learned Principal Magistrate, Juvenile Justice Board, Jamshedpur, in connection with Sitaramdera P.S. Case No. 158 of 2023 corresponding to G.R. No. 1856 of 2023, and the judgment dated 11.12.2024, passed in Criminal Appeal No. 240 of 2024 by the learned Additional Sessions Judge-I-cum-Special Judge (Children Court), Jamshedpur, are hereby, set aside. 9. Let the revisionist, who is in observation home since 01.09.2023, be released on bail via assurance and surety given by his natural guardian / mother, in connection with Sitaramdera P.S. Case No. 158 of 2023 corresponding to G.R. No. 1856 of 2023 after furnishing personal bond on his mother (Rozi Parveen @ Rozi Parveein) with two sureties of his relatives each in the like amount to the satisfaction of Juvenile Justice Board, Jamshedpur, subject to the following conditions: (i) Natural guardian/mother will furnish an undertaking that upon release on bail the revisionist 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 father will ensure that the juvenile will not repeat the offence. (ii) Natural guardian/mother will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits. [2025:JHHC:25354] -4- (iii) Juvenile and natural guardian/mother 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. (iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Jamshedpur, on such a periodical basis as the Juvenile Justice Board may determine. 10. With the above observation, this criminal revision is allowed and disposed of. (Sanjay Kumar Dwivedi, J.) Amitesh/-