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2025 DAILYLAW 21115 (JHR)

SANIYA BARLA v. STATE OF JHARKHAND

Cr.Rev./762/2025 · 2025-08-26

Sanjay Kumar Dwivedi

Criminal Appealbody2025

Judgment text

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( 2025:JHHC:25274 ) -1- Criminal Revision No. 762 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 762 of 2025 Juvenile “X” through his father … Petitioner -Versus- State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Suraj Kishore Prasad, Advocate For the State : Mr. Vineet Kumar Vashistha, Spl.P.P. ----- 05/26.08.2025 Heard Mr. Suraj Kishore Prasad, learned counsel for the petitioner and Mr. Vineet Kumar Vashistha, learned counsel for the State. 2. This criminal revision petition has been preferred against the judgment dated 01.07.2025 passed in Criminal Appeal No.08/2025 passed by the learned District and Additional Sessions Judge-I at Khunti, whereby, the said appeal has been dismissed and the order dated 21.04.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Khunti in connection with Torpa P.S. Case No.68/2024, corresponding to G.R. Case No.118/2025 has been affirmed by the learned appellate court. 3. Learned counsel for the petitioner submits that the petitioner is a juvenile, aged about 15 years and he is being represented by his father. He submits that the petitioner is in remand home since 25.11.2024. He further submits that the Juvenile Justice Board and the appellate court have rejected the prayer for bail of the petitioner on the ground that in the confessional statement, the name of the petitioner has come, however, another co-juvenile has been granted bail by the same impugned order. He also submits that one adult accused, in the same case, has also been granted regular bail by the Coordinate Bench of this Court in B.A. No.3617 of 2025. He submits that the father is ready to give undertaking that he will take care of the child and he ( 2025:JHHC:25274 ) -2- Criminal Revision No. 762 of 2025 will not allow the child to indulge with hardened criminals or any criminal. On these grounds, he submits that the petitioner may kindly be granted bail. 4. Learned counsel for the State opposed the prayer and submits that both the learned Courts have rightly passed the order on the ground that Social Investigation Report is not in favour of the petitioner. 5. In view of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the 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; (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 and even in heinous offence also, the juvenile is entitled to get bail under section 12 of the Act, 2015. 7. In view of the above, this Court comes to a conclusion that the ground of rejecting the prayer for bail of the petitioner by both the learned Courts does not sound good. In that view of the matter, the judgment dated 01.07.2025 passed in Criminal Appeal No.08/2025 by the learned District and Additional Sessions Judge-I at Khunti and the order dated 21.04.2025 passed ( 2025:JHHC:25274 ) -3- Criminal Revision No. 762 of 2025 by the learned Principal Magistrate, Juvenile Justice Board, Khunti in connection with Torpa P.S. Case No.68/2024, corresponding to G.R. Case No.118/2025 are, hereby, set-aside. 8. Let the revisionist who is in remand home since 25.11.2024 be released on bail via assurance and surety given by his natural guardian/father, in Torpa P.S. Case No. 68/2024, corresponding to G.R. Case No. 118/2025, after furnishing a personal bond of his father (Boko Munda) with two sureties of his relatives each in the like amount to the satisfaction of Juvenile Justice Board, Khunti, subject to the following conditions: (i) Natural guardian/father 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/father 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/father 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; ( 2025:JHHC:25274 ) -4- Criminal Revision No. 762 of 2025 (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, Khunti, on such a periodical basis as the Juvenile Justice Board may determine. 9. Accordingly, this criminal revision petition is allowed and disposed of in above terms. (Sanjay Kumar Dwivedi, J.) Ajay/