( 2025:JHHC:26047 ) -1- Criminal Revision No. 338 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 338 of 2025 Juvenile “X” through his mother … Petitioner -Versus- 1. The State of Jharkhand 2. Informant … Opposite Parties ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. For O.P. No.2 : Mr. Kalyan Banerjee, Advocate ----- 07/29.08.2025 Heard Mr. Kripa Shankar Nanda, learned counsel for the petitioner, Mr. Bishambhar Shastri, learned counsel for the State and Mr. Kalyan Banerjee, learned counsel for the informant-opposite party no.2. 2. This criminal revision has been preferred for setting-aside the order dated 02.12.2024 passed by the learned Judicial Magistrate, 1st Class, Gumla in M.C.A. No.1594/2024, arising out of Ghaghra P.S. Case No.18/2024 (G.R. Case No.604/2024) dated 02.12.2024 as well as the judgment dated 17.01.2025 passed by the learned Additional Sessions Judge-I-cum-Special Judge (Children’s Court), Gumla in Criminal Appeal Case No.33/2024, whereby, both the learned Courts have been pleased to reject the prayer for bail of the petitioner. 3. Learned counsel for the petitioner submits that the petitioner is a juvenile and at the time of alleged occurrence, he was aged about 14 years. He submits that the petitioner is a student of Class VIII. He further submits that the FIR has been registered against unknown, however, the name of the petitioner has surfaced during the investigation and, thereafter, the petitioner ( 2025:JHHC:26047 ) -2- Criminal Revision No. 338 of 2025 has been taken into custody and he is in observation home since 10.03.2024. He also submits that the petitioner is being represented through his mother and the mother is ready to give undertaking that she will take care of the petitioner and he will not be exposed to moral, physical or psychological danger. He submits that the petitioner has remained in observation home for about 18 months and he has got no criminal antecedent. He submits that the learned trial court and the appellate court have been pleased to reject the prayer for bail of the petitioner on the ground of lack of parental guardianship. On these grounds, he submits that this petition may kindly be allowed. 4. Learned counsel for the State and informant-opposite party no.2 opposed the prayer and submit that the petitioner has confessed before the police about the crime. 5. It is an admitted position that the petitioner was aged about 14 years at the time of alleged crime and he has remained in observation home since 10.03.2024. The petitioner is being represented through his mother and the mother is ready to give undertaking to the effect that the petitioner will not be exposed to moral, physical or psychological danger. Further, the petitioner is a student. 6. 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 ( 2025:JHHC:26047 ) -3- Criminal Revision No. 338 of 2025 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. 7. 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. 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. 8. In light of the above discussions and further considering that the mother is representing the petitioner and she is ready to give undertaking and both the learned Courts have been pleased to reject the prayer for bail of the petitioner only on the ground that there is lack of parental guardianship, the Court is satisfied that the reasoning and conclusion given by both the learned Courts, does not sound a reasonable ground to reject the prayer for bail of the petitioner and, as such, the order dated 02.12.2024 passed by the learned Judicial Magistrate, 1st Class, Gumla in M.C.A. No.1594/2024, arising out of Ghaghra P.S. Case No.18/2024 (G.R. Case No.604/2024) dated 02.12.2024 as well as the judgment dated 17.01.2025 passed by the learned Additional Sessions Judge-I-cum-Special Judge (Children’s Court), Gumla in Criminal Appeal Case No.33/2024 are, hereby, set-aside. ( 2025:JHHC:26047 ) -4- Criminal Revision No. 338 of 2025 9. Let the revisionist who is in observation home since 10.03.2024 be released on bail via assurance and surety given by his natural guardian/mother, in connection with Ghaghra P.S. Case No. 18/2024 corresponding to G.R. Case No.604/2024 (M.C.A. No.1594/2024), after furnishing a personal bond of his mother (Devmuni Khariyain) with two sureties of her 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 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 second Monday of every calendar month commencing with the second Monday of September, 2025, and if during any calendar month the second 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 ( 2025:JHHC:26047 ) -5- Criminal Revision No. 338 of 2025 that would be submitted to the Juvenile Justice Board, Gumla, on such a periodical basis as the Juvenile Justice Board may determine. 10. Accordingly, this criminal revision petition is allowed and disposed of in above terms. (Sanjay Kumar Dwivedi, J.) Ajay/