Akash Yadav vs The State Of Jharkhand
2021 Latest Caselaw 1358 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Revision No.819 of 2020

    Akash Yadav
    @ Akash Kumar 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. Lalan Kumar Singh, Advocate
    For the State           : Mr. Shekhar Sinha, P.P
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               th
04/Dated: 17        March, 2021

1. This revision is directed against the judgment/ order dated 28.09.2020, passed by the court of learned Additional Sessions Judge - I, Hazaribagh, in Criminal Appeal (Juvenile) No.35 of 2020, rejecting the prayer for bail of the petitioner (juvenile in conflict with law) in connection with Charhi P.S. Case No.87 of 2019, registered under Sections 323,447, 357, 506 read with Section 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act.

2. Heard the learned counsel for the petitioner and the learned A.P.P. On perusal of the impugned order, it appears that the petitioner has been made an accused on the basis of the confessional statement of co-accused namely, Rocky @ Izhar Ansari and Rohit Paswan. The petitioner has been remanded in this case on 04.03.2020 while he was in custody in connection with Charhi P.S. Case No.96 of 2019. It tranpires that no incriminating articles were recovered from the possession of the petitioner.

In the attending facts and circumstances 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, Hazaribag, in connection with Charhi P.S. Case No.87 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 be present before the Board as and when directed and co-operate in the enquiry proceeding.

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

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