Birju Tuddu vs The State Of Jharkhand
2021 Latest Caselaw 1160 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Revision No.17 of 2021

    Birju Tuddu                                       ......       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. Nikhil Ranjan, Advocate
    For the State            : Mr. M. K. Mishra, A.P.P
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               th
04/Dated: 08        March, 2021

1. This revision is directed against the judgment/ order dated 11.08.2020, passed by the court of learned Additional Sessions Judge - I, Hazaribagh, in Criminal Appeal (Juvenile) No.31 of 2020, rejecting the prayer for bail of the petitioner (juvenile in conflict with law) in connection with Barkagaon (Urimari) P.S. Case No.70 of 2019, corresponding to G.R. No.655 of 2019, registered under Sections 302, 120B read with Section 34 of the Indian Penal Code.

2. Heard the learned counsel for the petitioner and the learned A.P.P. On perusal of the Annexure - 2, it appears that three co-accused had faced trial in S.T. No.347 of 2019 and they were acquitted of the charges as the informant and other witnesses were declared hostile.

As per the social investigation report no adverse remark has been made against the petitioner. The case of the petitioner stands on same footing to that of the co- accused, who have been acquitted by the trial court, 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, Hazaribagh, in connection with Barkagaon (Urimari) P.S. Case No.70 of 2019, corresponding to G.R. No.655 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.

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/-