Niraj Yadav vs The State Of Jharkhand
2021 Latest Caselaw 755 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Revision No.509 of 2020

    Niraj Yadav                                     ......       Petitioner

                            Versus
    The State of Jharkhand                          .....   Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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    For the Petitioner      : Mr. P. K. Mukhopadhyay, Advocate
    For the State           : Mr. A.P. Topno, A.P.P
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               th
08/Dated: 17        February, 2021

1. This revision is directed against the judgment/ order dated 31.08.2019, passed by the court of learned Additional Sessions Judge - VII -cum- Special Judge, SC/ST, Dhanbad, in Criminal Appeal No.151 of 2019, rejecting the prayer for bail of the petitioner (juvenile in conflict with law) in connection with Kenduadih P.S. Case No.135 of 2018, corresponding to G.R. No.3053 of 2018, registered under Sections 302, 120B, 387 and 427 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

2. Heard the learned counsel for the petitioner and objection of learned A.P.P., who has submitted that the petitioner has criminal antecedents and on similar ground co-accused, Ritik Khan's prayer for bail has been rejected by a co-ordinate Bench of this Court. He has admitted that co-accused Prince Khan, against whom 12 cases are pending, has been granted bail by a co-ordinate Bench of this Court.

It appears that the petitioner has been made an accused on the basis of confessional statement of co- accused, Pankaj Yadav, who has been granted bail in B.A. No.9385 of 2019 by order dated 27.11.2019. The petitioner is in custody since 29.09.2019.

Taking into account that the petitioner's name has transpired in the confessional statement of co-accused, who has been granted bail, accordingly 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, Dhanbad, in connection with Kenduadih P.S. Case No.135 of 2018, corresponding to G.R. No.3053 of 2018, 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/-