Rahul Choudhary v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No.954 of 2023 Rahul Choudhary ..... … Petitioner Versus The State of Jharkhand …. …. Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND ------ : Mr. Vishal Kumar Tiwary, Advocate : Mr. Sunil Kr. Dubey, APP For the Petitioner For the State -------- 03/30.11.2023
Legal Reasoning
Learned counsel Mr. Vishal Kumar Tiwary on behalf of the petitioner and on behalf of the State, learned APP are present. 2. This Criminal Revision has been preferred on behalf of the petitioner against the order dated 26.06.2023 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Children Court, Garhwa in Criminal Appeal No.33 of 2023, arising out of Meral P.S. Case No.28/2023, corresponding to G.R. Case No. 403/2023 whereby the appeal was dismissed and affirmed the order dated 03.06.2023 passed by the Juvenile Justice Board, Garhwa wherein the bail application of the petitioner was rejected. 3. The brief facts leading to this criminal revision are that the sister-in-law (bhabhi of the victim) gave the written information with the allegations that on 22.02.2023 at 7 O' clock in the morning she was at her house and her sister-in-law had left the house for school but did not come back till 26.02.2023. Rahul Choudhary who was residing adjoining to her house used to talk to her sister-in-law over the mobile phone which had been given to her by him on 21.02.2023. Both used to talk over the phone in the night. The FIR was lodged with doubt that the sister-in-law of the informant had been abducted by the said Rahul Choudhary with intent to have illicit relation with her or to marry with her. 4. The informant in her restatement reiterated the prosecution story. Victim in her statement under section 161 of Cr.PC stated that she was having friendship with the accused. On the pretext of marriage, he has established physical relation with her. She was pregnant for two months. On 22.02.2023 she left the house for school accompanied Rahul Choudhary who took her to the house of his aunt. From there, she was taken to Village Nawada of district Garhwa where in a room he also established physical relation with her. On 26.02.2023, police came and Rahul Chaudhary fled 2 Cr. Rev. No.954 of 2023 away and she was nabbed. 5. The statement of victim was also recorded under section 164 of Cr.PC in which she has no where stated in regard to any sexual assault being made by the accused against her. 6. shown. 7. In medical evidence the pregnancy of two and half months is The learned counsel for the petitioner has submitted that the petitioner is juvenile and learned JJ Board and the learned appellate court both have rejected the bail application of the petitioner on the ground that his release would expose him to physical, physiological or moral danger and would also defeat the ends of justice. This finding recorded by both the courts below is not based on any social investigation report, same is based on conjecture. 8. The learned Spl. PP for the State opposed the contentions made by the learned counsel for the petitioner. 9. In social investigation report of the petitioner juvenile, his relation with the family member is shown cordial. He is shown disciplined. His attitude with the classmate and teachers is shown cordial. His attitude with the friends is also shown cordial. There is nothing adverse against the juvenile in the whole of the social investigation report. 10. It is the settled law that while disposing of the bail application of juvenile the gravity of the offence can not be taken into consideration. The bail application of a juvenile is governed under section 12 of the J.J. Act, 2015 in which it is provided that ordinarily the bail application of a juvenile should be allowed except the circumstances as given in proviso of Section 12 of the J.J. Act, 2015. 11. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 reads as under: “12. (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 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 3 Cr. Rev. No.954 of 2023 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 a decision. (2) When such person having been apprehended is not released on bail under subsection (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a 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.” 12. From the very perusal of the social investigation report, none of the ground as shown in the proviso of section 12 is made out. As such, the impugned order passed by the learned JJ Board which was affirmed by the learned appellate court both need interference reason being the finding is based on conjecture. Accordingly, Criminal Revision deserves to be allowed. 13. This Criminal Revision is hereby allowed. The impugned order passed by the learned J.J. Board and the order passed by the learned Appellate Court are set aside. 14. 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 satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Garhwa in Meral P.S. Case No.28 of 2023, corresponding to G.R. Case No.403 of 2023 which are to be furnished on behalf of the guardian of the child in conflict in law. 15. The guardian of the juvenile is also directed to give an undertaking that he will keep vigil eye upon the juvenile and will control him from coming in association of known criminals. RKM (Subhash Chand, J.)