2025:JHHC:25721 --1-- Criminal Revision No. 817 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI Criminal Revision No. 817 of 2025 ---- Juvenile ‘X’ through his mother .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Aman Kumar, Advocate For the State :- Mr. Rakesh Ranjan, Advocate ---- 05/27.08.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. This criminal revision has been preferred against the judgment dated 08.07.2025 passed by learned Additional Sessions Judge-I-cum-Special Judge (Children Court), Gumla in Criminal Appeal No.20 of 2025 whereby the bail application filed by the petitioner has been rejected and the learned Court has been pleased to affirm the order dated 04.06.2025 passed by learned Principal Magistrate, Juvenile Justice Board, Gumla in Misc. Criminal Application No.805 of 2025 in G.R. Spt Case No.63 of 2025 arising out of POCSO Case No.29/24 and Puso P.S. Case No.27 of 2024. 3. Learned counsel for the petitioner submits that the petitioner is juvenile aged about 16 years and he is being represented by his mother. He submits that the petitioner is in remand home since 01.08.2024. He further submits that the petitioner is not named in the FIR and his name has come on the 2025:JHHC:25721 --2-- Criminal Revision No. 817 of 2025 confessional statement of co-accused and the petitioner has got no criminal antecedent as disclosed in paragraph No.11(iii). He submits that the mother is ready to give any undertaking to the effect that she will keep the petitioner in good behaviour and character in future and will prevent him from associating with any known criminal and from exposing him to moral, physical or psychological danger. On these grounds, he submits that the bail application of the petitioner may kindly be allowed. 4. Learned counsel appearing for the State opposes the prayer and submits that the case is also arising under the POCSO Act and the allegations are there and the name of the petitioner has come on the confessional statement of the co-accused. 5. It has been pointed out that the petitioner is juvenile that is not in dispute and the petitioner is being represented by his mother and she is ready to give any undertaking that she will take care of the child and she will not allow him to expose to moral, physical or psychological danger and the petitioner is in remand home since 01.08.2024 and the petitioner has got no criminal antecedent as disclosed in paragraph No.11(iii) and only on the confessional statement the name of the petitioner has come and it has also been stated that due to previous enmity the name of the petitioner has been taken. 6. Section 12 of the Juvenile Justice (Care and Protection of 2025:JHHC:25721 --3-- Criminal Revision No. 817 of 2025 Children) Act, 2015, deals with bail to juveniles. On perusal of Section 12 of the J.J. Act, 2015, it is crystal clear that that Section 12 of the Act overrides the bail provisions as contained in the Criminal Procedure, 1973 or any other law for time being in force. It is further crystal clear that bail to the juvenile is a rule and refusal of the same is an exception and 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. 7. In light 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 even in the heinous crime the bail can be granted. 8. It transpires that the learned Trial Court and the learned Appellate Court have been pleased to reject the bail application of the petitioner considering the gravity of the crime, however, the other aspects have not been considered and in view of that the Court finds that the reasons assigned by learned Court are not sound ground. 9. In the absence of any materials or evidences of reasonable grounds, it cannot be said that his release would defeat the ends of 2025:JHHC:25721 --4-- Criminal Revision No. 817 of 2025 justice and the learned Court has failed to give reasons on three contingencies for declining the bail to the revisionist. In that view of the matter the judgment dated 08.07.2025 passed by learned Additional Sessions Judge-I-cum-Special Judge (Children Court), Gumla in Criminal Appeal No.20 of 2025 as well as order dated 04.06.2025 passed by learned Principal Magistrate, Juvenile Justice Board, Gumla in Misc. Criminal Application No.805 of 2025 in G.R. Spt Case No.63 of 2025 arising out of POCSO Case No.29/24 and Puso P.S. Case No.27 of 2024 are not sustainable in the eye of law, hence the said orders are hereby set aside and the present criminal revision is allowed. 10. Let the revisionist who is in observation home since 01.08.2024 be released on bail via assurance and surety given by his natural guardian/mother, in G.R. Spt. Case No.63 of 2025 arising out of POCSO Case No.29/24 and Puso P.S. Case No.27 of 2024, registered under Sections 70 and 138 of Bharatiya Nyaya Sanhita, 2023 and Section 6 of POCSO Act after furnishing a personal bond on his mother (Manti Devi) with two sureties of his relatives each in the like amount to the satisfaction of Juvenile Justice Board, Gumla, 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 mother will ensure 2025:JHHC:25721 --5-- Criminal Revision No. 817 of 2025 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. (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, Gumla, on such a periodical basis as the Juvenile Justice Board may determine. 11. This criminal revision petition is allowed and disposed of. (Sanjay Kumar Dwivedi, J.) Sangam/