The High Court
Case Details
1 Cr. Revision No.372 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.372 of 2023 Suraj Kumar Yadav @ Suraj Kumar @ Bajrangi Yadav ..... Petitioner The State of Jharkhand …. Opp. Party Versus
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner For the State Mr. Sushant Kumar Sinha, Advocate Mr. Vineet Kr. Vashistha, Spl. PP : : ----- 2/05.05.2023 Heard learned counsel appearing on behalf of the petitioner and learned Spl. PP appearing on behalf of the State. 2. This criminal revision application is directed against the order dated 3.3.2023 passed by learned Special Judge, Child Act Cases-cum Additional Sessions Judge-I, Chatra in Criminal (Juvenile) Appeal No.05 of 2023, whereby and whereunder the learned court below has rejected the appeal preferred by the Juvenile petitioner against the order dated 31.1.2023 passed by the learned Juvenile Justice Board, Chatra in MCA No. 80/2023, rejecting the bail petition of the petitioner in connection with Tandwa P.S. Case No. 262 of 2022 instituted u/s 25(1-B)a, 26, 35 of Arms Act and the same is pending in the court of learned Juvenile Justice Board, Chatra. 3. It is submitted on behalf of the petitioner that the gist of the allegation as alleged against the petitioner was that he along with the co- accused persons was arrested from the place of the occurrence and a country made pistol and live cartridge were recovered from the possession of this petitioner. It has been submitted on behalf of the petitioner that the another co-accused persons namely Bhagirath Kumar Prajapati and Body Mahto @ Bobi Kumar Mathur, who were also arrested from the place of occurrence along with this petitioner, have been enlarged on bail. It has further been pointed out that this petitioner is in jail since 2/11/2022 and as per the social investigation report, there is no criminal history against this petitioner and he is alleged to have been involved in such type of offense only because of the negligence of his parents and the due to lack of proper guardianship and therefore it is 2 Cr. Revision No.372 of 2023 urged on behalf of the petitioner that let one opportunity be given to come in the main stream of the society by enlarging the petitioner on bail. 4. On the other hand, learned APP appearing on behalf of the State opposed the contentions raised on behalf of the petitioner and submitted that the case of the petitioner is on different footing from the other co- accused persons, who have been enlarged on bail in view of the fact that the country made pistol and live cartridge have been recovered from the possession of this petitioner, although he did not deny the fact that there is no criminal history against this petitioner and he in jail since 2/11/2022. 5. Having heard the parties, perused the record of this case. 6. It is found that the petitioner is a child in conflict with law and he is aged about 16 years 11 months at the time of the occurrence. It is also found from the impugned order that as per the social investigation report that there is no criminal history against this petitioner. It is also found that because of lack of proper guardianship and proper care of the parents of this petitioner, the petitioner is alleged to have been involved in such type of offense. 7. In this view of the matter, it is manifest that if he is released on bail, the possibility of coming of this petitioner in the association of the known criminals is very remote because there is no criminal history against this petitioner. Further since the two co-accused persons namely Bhagirath Kumar Prajapati and Body Mahto @ Bobi Kumar Mathur are said to have been enlarged on bail and therefore his further detention will expose his mental, moral, physical and psychological danger and therefore in the interest of justice, it is found just and proper to give one opportunity to come him into the main stream of the society by enlarging him on bail. 8. In the backdrop of this case, the petitioner above named is directed to be enlarged on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Principal Magistrate, Juvenile Justice 3 Cr. Revision No.372 of 2023 Board, Chatra, in connection with Tandwa P.S. Case No.262 of 2022, subject to the conditions as laid down under Section 439 of Cr.P.C. and further subject to the conditions, inter alia as under: (i) (ii) The father of the petitioner will be one of the bailers; The father of the petitioner will give an undertaking that he will take proper care and attention of the child and he will admit him in a school for further studies; (iii) The Secretary, DLSA is directed to take proper steps for counseling of the child and also facilitate him to get him admitted in a school and also to ensure that he properly attends the school and continue with his studies with the help of Legal cum probation officer. (iv) Any other condition or conditions as the learned Court below may deem it fit and proper in the interest of child. Let a copy of this order be communicated to the Secretary, DLSA, Chatra, the Principal District & Sessions Judge, Chatra-cum-Chairman, DLSA, Chatra and Deputy Commissioner-cum Vice Chairman, DLSA, Chatra through FAX to ensure that the Secretary, DLSA complies the direction in letter and spirit as passed by this Court without any hindrances and obstacles. 9. Accordingly, this criminal revision is allowed and the order dated order dated 3.3.2023 passed by learned Special Judge, Child Act Cases- cum Additional Sessions Judge-I, Chatra in Criminal (Juvenile) Appeal No.05 of 2023 and the order dated 31.1.2023 passed by the learned Juvenile Justice Board, Chatra in MCA No. 80/2023, in connection with Tandwa P.S. Case No. 262 of 2022 are set aside. R.Kumar (Navneet Kumar, J.)