Ranjeet Soren … v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cri. Rev. No. 674 of 2023 Ranjeet Soren …. … Petitioner Versus The State of Jharkhand …. ... Opp. Party --------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND For the Petitioner For the State
Legal Reasoning
: Mr. N.P. Choudhary, Advocate : Mrs. Ruby Pandey, A.P.P. Order No. 05/dated 05.12.2023 --------- Heard the learned Counsel for the petitioner and the learned A.P.P. on behalf of the State. 2. The instant Cr. Revision has been directed against the Judgment/order dated 24.04.2023 passed by the learned Addl. District & Sessions Judge-I, Jamtara in Cr. Appeal No. 09 of 2023 by which the learned Appellate Court dismissing the appeal affirmed the order passed by the learned J.J.Board whereby the Bail Application of the petitioner has been rejected. 3. The brief facts leading to this Cr. Revision are that the mother of the victim lodged the F.I.R. against the petitioner with these allegations that on 24.10.2022 seeing the baby bump of her daughter asked the reason for the same whereat she told that she used to go for grazing the buffalos to the Jungle wherein Ranjeet Soren @ Mutka Soren had enticed her away and established physical relation with her whereby she also became pregnant. The informant went to the house of the petitioner made complaint of the same but he ignored the 2 complaint of the petitioner hence no way out she lodged the F.I.R. which was registered on case crime No. 0079 of 2022 against the petitioner C.C.L. for the offence under Sections 376(2) (n), 376 (3) of I.P.C. and Section 6 of POCSO Act. 4. The restatement of the informant was recorded in para 2 of the case diary in which she reiterated the allegation made in the F.I.R. In para 3 of the case diary victim corroborated the prosecution story. The victim was also medically examined. As per medical examination report sexual intercourse has found back in past and the victim is shown pregnant for seven and half months. The age of the victim is shown 15 years. The statement of victim was also recorded under Section 164 of Cr.P.C. in which she corroborated the prosecution story and stated that for the first time C.C.L. has established physical relation with her in the Jungle. Thereafter he used to come to her house and having got the opportunity established physical relation with her. On being asked to marry, he refused for the same and this F.I.R. was lodged. 5. In the Social Investigation Report of the C.C.L. his relation with the family members is shown cordial. His attitude towards neighbours, parents, classmate and teachers is shown good. Nothing is adverse against the petitioner in the Social Investigation Report only observation is that the said offence was committed on account of lack of care on the part of the family member. 3 6. The learned Counsel for the petitioner has also submitted that the C.C.L. was also minor at the time of commission of the said offence. Physical relation established between them consensually. The petitioner has been languishing in Observation Home since 25.10.2022. 7. The learned A.P.P. opposed the contentions made by the learned Counsel for the petitioner and contended that lack of care is shown on the part of family. It was the reason that the said offence was committed. 8. It is the settled law that the bail application of a juvenile is to be disposed of in view of the provisions of Section 12 of Juvenile Justice Act, 2000 wherein it has been provided that the bail application of the juvenile should ordinarily be allowed except in those exceptional circumstances as shown in the proviso of Section 12 of the J.J. Act, 2000. Section 12 of J.J. Act, 2000 is reproduced as under: Section 12. Bail to a person who is apparently a child alleged to be in conflict with law.-(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such 4 a decision. (2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home 1[or a place of safety, as the case may be,] in such manner as may be prescribed until the person can be brought before the Board. (3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order. (4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail. 9. In view of the submissions made and the material on record, bail application of petitioner was rejected carving out an exception as shown in Section 12 of J.J. Act which the same finding was affirmed by the Appellate Court; but in the Social Investigation Report nothing is on record to show that the C.C.L. would come in association of known criminal. His release would expose him to moral, physical or psychological danger for the ends of justice. As such the finding recorded by both the courts-below is perverse and the same need interference. Accordingly, this Cr. Revision deserves to be allowed. 10. This Cr. Revision is allowed. The impugned order passed by the learned J.J.Board and the learned Appellate Court are set aside. 11. Let the child in conflict in law be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) and two sureties of like amount each to the 5 satisfaction of the Principal Magistrate, Juvenile Justice Board, Jamtara in connection with Nala P.S. Case No. 79 of 2022 which are to be furnished on behalf of the guardian of the child in conflict in law. 12. The guardian of the C.C.L. is also directed to give an undertaking that he will keep vigil eye upon the C.C.L. and will control him from coming in association of known criminals. P.K.S. (Subhash Chand, J.)