Akash Lohra v. …. Opp. Parties
Case Details
1 Cr. Revision No.1477 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.1477 of 2022 Akash Lohra ..... Petitioner 1. The State of Jharkhand 2. Arti Kerketta Versus …. Opp. Parties
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner For the State : : ----- Mr. Durga C. Mishra, Advocate Mr. Shailesh Kr. Sinha, APP 2/21.06.2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of State. 2. This criminal revision is directed against the order dated 3rd December, 2022 passed by learned Special Judge (Children Court) Gumla in Criminal Appeal No.53/2022 whereby and where under prayer for release of juvenile petitioner on bail has been dismissed by affirming the order dated 20.9.2022 passed by Judicial Magistrate 1st Class cum Principal Magistrate, Juvenile Justice Board Gumla in Dumri P.S. Case No.12/2022 corresponding to G.R. No.439/2022 registered under Sections 376(2)(N), 313 of IPC. The case is now pending in the court of learned judicial Magistrate, 1st Class cum Principal Magistrate, Juvenile Justice Board, Gumla. 3. It is submitted on behalf of the petitioner that the gist of the allegation is that the informant being a major aged about 19 years old was in the physical relationship with the petitioner under the promise of marriage since last 4 years from the date of the institution of this case. It has been submitted that the petitioner as per the birth date of the AADHAR card, he was only 13 years old at the time of the commission of the offence and the victim was 19 years old and therefore it is submitted that rather the petitioner has been exploited by the victim informant. Further it has also been submitted that the petitioner is in custody since 20.04.2022 and there is no adverse remark in the social investigation report and as such he deserves to be enlarged on bail. 4. On the other hand, learned APP appearing on behalf of the State opposed the contentions raised on behalf of the petitioner and submitted that this petitioner has been establishing the physical relationship with the 2 Cr. Revision No.1477 of 2022 victim under the promise of marriage since last 4 years and therefore he does not deserve to be enlarged on bail. 5. Having had the parties, perused the record of this case. 6. It is found that the petitioner is a child in conflict with law and the victim being a major had been establishing the physical relationship with him since last 4 years from the date of the institution of the case under the promise of marriage and when he refused to marry and then the case was instituted. Further it has also been pointed out from the impugned order dated 3rd December 2022 that as per the social investigation report, his date of birth is 15/5/2005 and as such, he was just 13 years old at the time of the commission of the offense of establishing physical relationship first time with the victim in the year 2018 which continued for 4 years under the promise of marriage. Further there is nothing on record to show about his criminal history and as such the possibility of this petitioner to come into the association with the known criminal is very remote. 7. It has also been pointed out that the charge-sheet in this case has been submitted and therefore the possibility of the tampering with the evidence is very remote. Further it is also found that this petitioner being a child in conflict with law is in jail since 20.4.2022 and therefore his further detention will definitely cause danger to his mental, moral physical and physiological and therefore in the interest of justice, it is found just and proper to give one opportunity to the petitioner to come him into the mainstream of the society by releasing him on bail. 8. In the backdrop of the of this case, petitioner Akash Lohra is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court of learned Judicial Magistrate 1st Class cum Principal Magistrate, Juvenile Justice Board Gumla in connection with Dumri P.S. Case No.12 of 2022 corresponding to G.R. No.439 of 2022 subject to the conditions as laid down under Section 439 of Cr.P.C. and further conditions as follows:- (i) The father of the petitioner will be one of the bailers; 3 Cr. Revision No.1477 of 2022 (ii) The father of the petitioner will give an undertaking that he will take proper care and attention of the child and he will admit him in a school for further studies; (iii) Petitioner will cooperate in the trial / inquiry and he will remain present on each and every date before the learned Juvenile Justice Board and the I.O. as and when required by them, failing which, appropriate order shall be passed by the learned court below for cancellation of bail; (iv) The Secretary, DLSA is directed to take proper steps for counseling of the child and also facilitate him to get him admitted in a school and also to ensure that he properly attends the school and continue with his studies with the help of Legal cum probation officer. (v) Any other condition or conditions as the learned Court below may deem it fit and proper in the interest of child. 9. Let a copy of this order be communicated to the Secretary, DLSA, Gumla, the Principal District & Sessions Judge, Gumla-cum-Chairman, DLSA, Gumla and Deputy Commissioner-cum Vice Chairman, DLSA, Gumla through FAX to ensure that the Secretary, DLSA complies the direction in letter and spirit as passed by this Court without any hindrances and obstacles. 10. Accordingly, this criminal revision application is allowed that the order dated 3rd December, 2022 passed by learned Special Judge (Children Court) Gumla in Criminal Appeal No.53/2022 and the order dated 20.9.2022 passed by Judicial Magistrate 1st Class cum Principal Magistrate, Juvenile Justice Board Gumla in Dumri P.S. Case No.12/2022 corresponding to G.R. No.439/2022 are hereby set-aside. R.Kumar (Navneet Kumar, J.)