Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:24552
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.351 of 2025
Juvenile ‘X’ through his father …. … Petitioner
Versus The State of Jharkhand
..... … Opp. Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Gautam Kumar, Advocate. For the State
: Mr. Manoj Kr. Mishra, APP ------
6/19.08.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
2. This Criminal Revision Petition has been preferred against the
Judgment dated 25.02.2025 passed in Cr. Appeal No.04/2025, CNR No.JHPK01-000214-2025, by learned Additional Sessions Judge-I Pakur, in connection with Pakur (Town) P.S. Case No.173/2024 lodged under Sections 126(2), 115(2), 118(1), 118(2), 117(2), 109(1), 3(5) of B.N.S., whereby the appeal preferred against the order dated 27.01.2025 passed by Juvenile Justice Board, Pakur, in connection with Pakur (Town), P.S. Case No.173/2024, has been dismissed and
order of the Juvenile Justice Board, Pakuar is affirmed.
3.
Learned counsel appearing for the petitioner submits that the petitioner is a juvenile and aged about 16 years. He submits that petitioner is not named in the FIR and a person, who is also involved in the said crime, has been granted regular bail in B.A. No.1133 of 2025 by order dated 12.02.2025.
4. He submits that the petitioner is being represented by his father and the Social Investigation Report is also in favour of the petitioner, which has been considered by the learned First Appellate Court,
2025:JHHC:24552 however, the bail has been rejected only on the ground that there is lack of discipline in the family and the learned Trial Court has rejected the application as there is chance of disturbance of investigation.
5.
Learned counsel for the State submits that learned Courts have rightly passed the order. 6. In the light of Section 12 of Juvenile Justice (Care and Protection) of Children Act, 2015, the bail can be denied only on three ground (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. It also transpires from Section 12 of the Said Act 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, even it is alleged to have committed a heinous offence, that person is also entitled for bail in light of section 12 of the said Act. Section 12 of the said Act is applicable to all juveniles in conflict with law without any discrimination of any nature. 8. In view of the above, it transpires that the learned Trial Court has rejected the bail only on the ground that there is a chance of tampering with the evidence and the Appellate Court has rejected the appeal on the ground that there is lack of discipline in the family, which does not sound good. 2025:JHHC:24552
9. It has been pointed out in course of the argument that the petitioner is being represented by his father and the father is ready to give the proper undertaking. 10. In view of the above, the Judgment dated 25.02.2025 passed in Cr. Appeal No.04/2025, CNR No. JHPK01-000214-2025, by learned Additional Sessions Judge-I Pakur and the order dated 27.01.2025 passed by Juvenile Justice Board, Pakur, in connection with Pakur (Town), P.S. Case No.173/2024 are hereby set-aside. 11. Let the Revisionist, who is in observation since 04.01.2025 be released on bail by assurance and sureties given by his natural father in connection with Pakur (Town) P.S. Case No.173/2024, after furnishing a personal bond of his father (Sahid Alam @ Md.
Sahid Alam) with two sureties of his relatives each of the like amount to the satisfaction of the Juvenile Justice Board, Pakur, subject to the following condition:- (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
2025:JHHC:24552 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, Pakur, on such a periodical basis as the Juvenile Justice Board may determine. 12. In view of the above, this Revision Petition is allowed and
disposed of. Pending I.A, if any, stands disposed of.
(Sanjay Kumar Dwivedi, J.) R.Kumar