Amit Oraon v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No.1345 of 2023 Amit Oraon ..... … Petitioner Versus The State of Jharkhand …. …. Opposite Party
Legal Reasoning
-------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND ------ : Mr. Arun Kumar, Advocate : Mr. Saket Kumar, APP For the Petitioner For the State -------- 03/08.02.2024 Heard the learned counsel for the petitioner and learned APP for the State. 2. The instant Criminal Revision has been preferred on behalf of the petitioner against the order dated 21.08.2023 passed by the learned Special Judge (Children Court), Gumla in Criminal Appeal No.40 of 2023 wherein dismissing the appeal affirmed the order dated 24.07.2023 whereby the bail application of the juvenile was rejected by the Principal Magistrate, Juvenile Justice Board, Gumla in connection with Ghaghra P.S. Case No.76 of 2022 corresponding to G.R. Case No.460 of 2022. 3. The brief facts leading to this criminal revision are that the informant Munil Oraon has given the written information with the police station concerned against two named accused including the petitioner with these allegations that on 20.06.2022 the minor sister of the informant 15 years old who was of unsound mind was grazing the buffalo alongwith Kamal Mahto near the Chalka Dam. At the same time two persons attracted there and they with malafide intent took the sister of the informant with them. The informant was apprised by Kamal Mahto in regard to the said occurrence and the informant went to the Jungle and both the boys who were nabbed identified by their name and address respectively and the FIR was lodged against both the accused persons. 4. The said FIR was registered on Case Crime No.76 of 2022 under section 366A and 511 of the Indian Penal Code and section 8 of the POCSO Act. The IO investigated the matter and during investigation he recorded the statement of the informant who reiterated the allegations made in the FIR. The statement of victim under section 161 of Cr.PC was recorded and the statement under section 164 of Cr.PC was not recorded on the ground that the victim was not able to reply the question asked to her on account of mental retardness. In view of this, endorsement made by the IO during investigation 2 Cr. Rev. No.1345 of 2023 in regard to the statement of victim under section 161 of Cr.PC also become untrustworthy. However, the victim was also medically examined as per medical evidence. 5. In view of para-63 of the case diary it was opined that the sexual assault on the victim cannot be ruled out. While the vaginal swab examination report no spermatozoa was found. The brother of the victim also reached at the place of occurrence and nabbed both the accused persons but in his statement no where stated in regard to commission of the alleged offence of attempt to commit rape. In his statement no where stated in regard to any overt act on the part of the petitioner after taking away the victim to the jungle. 6. In the social investigation report of the CCL nothing adverse given against him. His attitude towards the family members, neighbors, friends is shown cordial. No bad habit is shown. The CCL is shown to have studied in Class-8th. It is stated that the CCL is having no criminal antecedent. However in the opinion it is suggested in regard to commission of the offence that same might have been committed on account of reiki. 7. It is the settled law that the bail application of a juvenile should ordinarily be allowed in view of section 12 of JJ Act, 2015 except the circumstances as shown in proviso of section 12 of the J.J. Act. 8. 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 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. 3 Cr. Rev. No.1345 of 2023 (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 allegations made in the FIR and also the evidence collected by the IO and also taking into consideration the social investigation report of the CCL, there is nothing on record to show that the release of the petitioner/CCL on bail would defeat the ends of justice and would expose him to any physical, psychological or moral danger. Nothing is on record that the CCL would come in company of the known criminal if released on bail. 10.
Decision
In view of the above the impugned order passed by the learned JJ Board which was affirmed by the appellate court needs interference and this criminal revision deserves to be allowed. 11. Accordingly, 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. 12. Let the child in conflict with 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, Gumla in connection with Ghaghra P.S. Case No.76 of 2022 corresponding to G.R. Case No.460 of 2022 which are to be furnished on behalf of the guardian of the child in conflict with law. 13. 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.)