Uttam Indwar … v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 1169 of 2023 Uttam Indwar …. …Petitioner Versus The State of Jharkhand …. …Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND For the Petitioner For the State
Legal Reasoning
: Mr. B.R. Rochan, Advocate : Mr. Abhay Kr. Tiwari, A.P.P. Order No. 08/ dated 01.02.2024 -------- Learned Counsel Mr. B.R. Rochan on behalf of the petitioner and on behalf of the State, learned A.P.P. are present. 2. The instant Cr. Revision is directed against the Judgment/Order dated 02.08.2023 passed by the learned Special Judge (Children Court), Gumla in Cr. Appeal No. 36 of 2023 whereby the Appellate Court dismissing the appeal has affirmed the order dated 13.07.2023 passed by the learned Principal Magistrate, Juvenile Justice Board, Gumla in Puso P.S. Case No. 14 of 2023 wherein the bail application of the petitioner has been rejected. 3. The brief facts leading to this Cr. Revision are that the informant-victim gave the written information with these allegations that on 12.06.2023 the CCL had called her over his mobile phone to the Nagra ground. She reached there and found CCL. Thereafter he began to use criminal force with her and also attempted to commit rape. She resisted and raised alarm. Her brother Tabrej Ansari and her cousin brother Shamser Ansari both attracted there and rescued her and the CCL was nabbed at the spot and he was handed over to the Police and on this written 2 information case crime No.14 of 2023 was registered under Sections 376/511 of Indian Penal Code and Section 8 of POCSO Act against the CCL with the Police Station concerned. 4. The learned Counsel for the petitioner has submitted that though the F.I.R. was lodged by the victim herself yet in her statement under Section 164 of Cr.P.C. she admitted friendship with the petitioner and nothing has stated by the victim in her statement under Section 164 of Cr.P.C. any overt act in regard to attempt to rape. So far as the Social Investigation Report of the CCL is concerned, nothing is adverse against him. 5. The learned A.P.P. opposed the contentions made by the learned Counsel for the petitioner. 6. It is the settled law that the bail application of a juvenile is
Decision
to be disposed of in view of the provisions of 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 three circumstances as shown in proviso of the said section. While disposing of the bail application of a juvenile, the gravity and nature of the offence cannot be taken into consideration rather it is the Social Investigation Report of the C.C.L. which is to be considered. 7. Herein the Section 12 of the 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, 3 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 the with or without surety or placed under 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 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. 8. The F.I.R. of this case was lodged by the victim herself but the allegations made in the F.I.R. are not corroborated with the statement of victim under Section 164 of Cr.P.C. in which she stated that the CCL was her friend and he had called her over the mobile phone and he did use criminal force but did nothing as an attempt to commit rape. 9. So far as the Social Investigation Report of the CCL is concerned, his attitude towards the neighbour, friends and family members is shown normal. Though the bad habit of taking intoxicant is given but nothing is in the whole Social Investigation 4 Report that the juvenile was in company of any known criminal and it is mentioned that the juvenile is having no criminal antecedent. In the Social Investigating Report, it is also mentioned that the victim and the CCL both were having love affairs. 10. In view of the above, the impugned order passed by the Juvenile Justice Board which was affirmed by the learned Appellate Court needs interference. Accordingly, this Cr. Revision deserves to be allowed. 11. This Cr. Revision is allowed. The impugned order passed by the Juvenile Justice Board which was affirmed by the learned Appellate Court is set aside. 12. The CCL is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) and two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Gumla in connection with Puso P.S. Case No. 14 of 2023, corresponding to G.R. Case No. 382 of 2023 on behalf of his guardian. In addition, the guardian of the juvenile would give an undertaking that he would keep vigil eye upon the CCL and would control him from coming in association of known criminal. P.K.S. (Subhash Chand, J.)