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Gyan Kumar Singh vs The State Of Jharkhand
2021 Latest Caselaw 646 Jhar

Citation : 2021 Latest Caselaw 646 Jhar
Judgement Date : 10 February, 2021

Jharkhand High Court
Gyan Kumar Singh vs The State Of Jharkhand on 10 February, 2021
                                    -1-

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Revision No.685 of 2020

    Gyan Kumar Singh                                 .....      Petitioner
                              Versus

    The State of Jharkhand                           .....      Opp. Party
                              ---------

CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

---------

For the Petitioner : Mr. A. K. Kashyap, Sr. Advocate Mr. Sanjay Kumar, Advocate For the State : Mr. Rakesh Ranjan, A.P.P

---------

               th
05/Dated: 10        February, 2021

1. This revision is directed against the judgment/ order dated 28.07.2020, passed by the court of learned Additional Sessions Judge -I -cum- Special Judge, Dumka in Criminal Misc. Appeal No.06 of 2020, whereby the prayer for bail of the petitioner/ juvenile (in conflict with law) has been rejected in connection with Enquiry No.123 of 2020, arising out of Shikaripara P.S. Case No.97 of 2018, corresponding to G.R. No.531 of 2019, registered under Sections 302/ 201/ 34 of the Indian Penal Code and Section 27 of the Arms Act.

2. Heard learned senior counsel for the petitioner and learned A.P.P. On perusal of the impugned order and the case diary, it appears that the petitioner has been made an accused on the basis of the confessional statement of the co-accused, Nitish Kumar Jha and one Shivam Kumar Burnwal. No incriminating materials were recovered from the possession of the petitioner. Petitioner has also been granted bail in connection with Deoghar (T) P.S. Case No.760 of 2018 and Deoghar (T) P.S. Case No.508 of 2018, by the court below.

Having regard to the fact that the petitioner has been made an accused on the basis of the confessional statement of the co-accused, the petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Principal Magistrate, Juvenile

Justice Board, Dumka, in connection with Enquiry No.123 of 2020, arising out of Shikaripara P.S. Case No.97 of 2018, corresponding to G.R. No.531 of 2019, on the condition that one of the bailors shall be a close relative/ natural guardian, who shall give an undertaking (i) to ensure the good behaviour of the petitioner, (ii) to ensure that the juvenile petitioner does not come in contact with any anti- social elements, and (iii) produce the juvenile/petitioner before the Probation Officer as and when directed by the Board. The Probation Officer shall submit the supervision report to the Board for needful.

3. In case of any adverse report, the Board is at liberty to pass necessary order in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner/juvenile shall co-operate and be present before the Board as and when directed, till conclusion of the enquiry.

4. With the aforesaid direction, the revision is, hereby, allowed.

(AMITAV K. GUPTA, J.) Chandan/-

 
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