Krishna Oraon … v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No.1450 of 2023 Krishna Oraon …. …Petitioner Versus The State of Jharkhand …. …Opp. Party CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -------- For the Petitioner For the State
Legal Reasoning
: Mr. Ritesh Kumar, Advocate : Mr. Anup Pawan Topno, A.P.P. Order No. 05/ dated 08.02.2024 -------- Learned Counsel Mr. Ritesh Kumar 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 03.10.2023 passed by the learned Special Judge (Children’s Court), Gumla in Cr. Appeal No. 50 of 2023 whereby the Appellate Court dismissing the appeal has affirmed the order dated 28.08.2023 passed by the learned Principal Magistrate, Juvenile Justice Board, Gumla in Sisai P.S. Case No. 134 of 2022, corresponding to G.R. No.345 of 2022 wherein the bail application of the petitioner has been rejected. 3. The brief facts leading to this Cr. Revision are that the F.I.R. of this case was lodged by the father of the victim with these allegations that his minor daughter was missing from the house and came to know that she was enticed away by one Krishna Oraon with intent to have illicit relation with her. 4. On this written information case crime No. 134 of 2022 was registered under Section 366-A of IPC against Krishna Oraon. 5. The I.O. conducted the investigation and recorded the restatement of the informant in para 2 of the case diary in which 2 he reiterated all the allegations made in the written information. In para 5 the mother of victim, in para 6 the uncle of the victim and in para 7 maternal grandfather of victim have corroborated the prosecution story. 6. In view of para 40 of the case diary the I.O. recovered the victim and the CCL as well from J.M.B. Bricklin, Bakra, Pawapuri at District Nalanda. The victim in her statement under Section 161 & 164 of Cr.P.C. stated that she and CCL both were friends for last 3-4 years and their friendship developed into love affairs and both left Ranchi for Shimla. Thereafter went to Nalanda and both were nabbed from J.M.B. Bricklin by the police. 7. In view of para 62 of the case diary for medical examination the mother of victim refused. As such victim was not medically examined. 8. So far as the Social Investigation Report of the CCL is concerned in the impugned order itself passed by the learned Appellate Court that there is nothing to show that the CCL would mingle with any antisocial element rather it is stated that he is in company of the same age group. As per neighbourhood report there is no complaint against the CCL. 9. 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 3 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. 10. 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, 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 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. 11. In view of the allegations made in the F.I.R. and also taking into consideration the evidence collected by the I.O. and the 4 Social Investigation Report of the petitioner, the impugned Judgment passed by the learned both the courts-below are found to be based on perverse finding and need interference. Accordingly, this Cr. Revision deserves to be allowed. 12. 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. 13. 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 Judicial Magistrate 1st Classs-cum-Principal Magistrate, Juvenile Justice Board, Gumla in connection with Sisai P.S. Case No. 134 of 2022, corresponding to G.R. No. 345 of 2022 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 criminals. P.K.S. (Subhash Chand, J.)