Jharkhand High Court
Jitendra Kumar vs The Union Of India on 23 February, 2022
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.545 of 2021
Jitendra Kumar ...... Petitioner
Versus
The Union of India
through N.C.B., Ranchi ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Nehru Mahto, Advocate
For the N.C.B. : Mr. Prashant Pallav, A.S.G.I
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The matter was taken up through Video
Conferencing. Learned counsel for the parties had no
objection with it and submitted that the audio and video
qualities are good.
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rd
05/Dated: 23 February, 2022
1. Heard learned counsel for the revisionist and learned
A.S.G.I., appearing on behalf of the N.C.B.
2. The present revision application has been filed against
the impugned judgment dated 31.08.2021, passed by the
court of learned Additional Sessions Judge - I -cum-
Children's Court, Hazaribag, in Criminal Appeal (Juvenile)
No.24 of 2021, whereby the prayer for bail of the juvenile has
been rejected in connection with N.D.P.S Case No.01 of 2020,
corresponding to NCB Case No.05 of 2019, (NCB Crime
No.05/NCB/RANCHI/2019), registered for the offence under
Sections 8(C), 21(C) and 29 of the N.D.P.S Act.
3. The juvenile in the age group of 16-18 years, who is in
custody since 09.07.2019, has approached this Court for his
release on bail through his father, who is ready and willing to
keep this juvenile under his proper care and custody. It
appears that the juvenile has been arrested along with co-
accused with 800 grams of heroin, which comes under the
commercial quantity. The trial court has recorded the finding
that the accused is a juvenile and as such the matter has been
referred to the Board. The age has been assessed and the
accused has been declared juvenile. Further, the incident is of
dated 09.07.2019 and no consideration has been made under
Section 15 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 as the case has been taken into enquiry.
The juvenile's bail application has been rejected on
consideration of the Social Investigation Report that the the
juvenile requires institutional care for sometime for isolating
him from bad company. The juvenile is in custody since
09.07.2019. The matter has been kept under enquiry and the
juvenile has not been sent up for trial. Thus, he has to be
dealt with under Section 18 of the J. J. Act.
4. Learned A.S.G.I has opposed the prayer for bail of the
juvenile stating that the alleged crime is heinous in nature.
5. Heard learned counsel for the parties. Although the
crime is heinous in nature but the Board has kept the juvenile
under enquiry.
Considering the present Social Investigation Report and
the period of institutional custody, the petitioner is directed to
be released on bail on his furnishing bail bond of Rs.10,000/-
(Ten thousand) with two sureties of the like amount each to
the satisfaction of learned Principal Magistrate, Juvenile
Justice Board, Hazaribag in connection with N.D.P.S Case
No.01 of 2020, corresponding to NCB Case No.05 of 2019,
(NCB Crime No.05/NCB/RANCHI/2019) subject to the
condition that one of the bailors must be the father of the
petitioner.
Further, the concerned Probation Officer is directed to
report, once in a month, to the Juvenile Justice Board,
Hazaribagh regarding up keeping of minor. The Board is at
liberty to take the juvenile in custody, if anything adverse is
reported against the juvenile.
6. Accordingly, the instant criminal revision is allowed and
the impugned judgment dated 31.08.2021, passed by the
court of learned Additional Sessions Judge - I -cum-
Children's Court, Hazaribag, in Criminal Appeal (Juvenile)
No.24 of 2021, is hereby, set aside.
(Rajesh Kumar, J.)
Chandan/-
