Jharkhand High Court
Sachin Kumar Varma Aged About 17 ... vs The State Of Jharkhand on 4 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 289 of 2022
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Sachin Kumar Varma aged about 17 years through his Natural
Guardian and Father namely Promod Ram ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Shailesh Kr. Pandey, Advocate
For the State : Mr. Vineet Kr. Vashistha, Spl.P.P.
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Order No. 04/ Dated: 04.11.2022
This Criminal Revision 289 of 2022 has been filed on behalf of
the petitioner under section 102 of the Juvenile Justice (Care and
Protection of Children Act, 2015) by challenging the judgment order
dated 10.03.2022 passed by learned Additional District and Sessions
Judge-I, Chatra in Criminal Appeal ( Juvenile ) No. 01 of 2022 by
rejecting the bail of the petitioner and by which learned Additional
District and Sessions Judge-I, Chatra has dismissed the appeal filed on
behalf of the petitioner by affirming the order dated 17.12.2021 passed by
the Principal Magistrate, Juvenile Justice Board, Chatra in connection
with Chatra Sadar P.S. Case No. 145 of 2021 offence under section
395/397 of the I.P.C and session 101 of Juvenile Justice (Care and
Protection of Children Act, 2015).
2. As per the F.I.R., the informant is alleged that 4-5 unknown
miscreants assaulted the informant and looted his Motorcycle, Rs. 600/-
cash, Mobile Phone, Aadhar Card, Pan Card etc.
3. Heard, learned counsel for the petitioner and learned counsel for
the State.
4. It is submitted that the petitioner is a juvenile and committed no
offence . It is submitted that the petitioner is named in this case on the
basis of the confessional statement of co-accused Rupesh Kumar Sahu @
Rupesh Kumar and said Rupesh Kumar Sahu @ Rupesh Kumar has been
granted bail in B.A. No. 10459 of 2021 vide order dated 25.10.2021 by
the Co-ordinate Bench of this Court. It is submitted that nothing was
recovered from the possession of this juvenile petitioner and the juvenile
petitioner has not been put on T.I. Parade and charge-sheet submitted
against the petitioner without the T. I. P. It is submitted that the petitioner
is in custody since 20.06.2021 and hence, the juvenile petitioner may be
enlarged on bail.
5. On the other hand, the learned Special .P.P. appearing for the
State has opposed the prayer for bail and submitted that the juvenile
petitioner is not named in the F.I.R. but he is aged about seventeen (17)
years and eleven (11) months and is a matured person. It is further
submitted as per the confession of co-accused , the juvenile petitioner had
fled away with looted motor cycle of the informant and the same had
been recovered from the possession of another Co-accused Nawal Kumar
. It is further submitted that the five persons have apprehended and hence
prayer for bail may be rejected.
6. Perused the F.I.R. scanned copies of the Lower Court Records
of this case and Social Investigation of the juvenile petitioner and
considered the submission of both the sides.
7. It appears that the juvenile petitioner is not named in the F.I.R.
It transpires from the confessional of the juvenile petitioner and other co-
accused persons namely Rupesh Kumar and Nawal Kumar that this
juvenile petitioner is alleged to have fled away with looted motor cycle of
the informant, however the same has been recovered from possession of
the other Co-accused Nawal Kumar which finds place at para-13 of case
diary . It also appears the Co-accused Rupesh Kumar Sahu @ Rupesh
Kumar has been granted bail in B.A. No. 10459 of 2021 vide order dated
25.10.2021 by the Co-ordinate Bench of this Court .
8. Considering the custody of the juvenile petitioner and
considering the grant of bail to the accused person by the Co-ordinate
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Bench of this Court on the fact and circumstance of this case, the Juvenile
petitioner namely Sachin Kumar Varma is directed to be released in the
custody and guardianship to his Father on bail on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand only ) with two sureties of the like
amount each to the satisfaction of the Principal Magistrate, Juvenile
Justice Board, Chatra in connection with Chatra Sadar P.S. Case No. 145
of 2021 subject the condition that one of the bailers must be own blood
relatives and the Father of the juvenile shall produce the juvenile
petitioner before the trial Court as and when required and father of the
juvenile must file an Undertaking that the juvenile-petitioner will not get
indulged in such type of crime in future again, failing which the
prosecution will be at liberty to take steps for cancellation of his bail and
Father of the juvenile shall also furnish his self-attested copy of his
Aadhar Card and also submit his mobile number before the learned Court
below and which shall remain active and shall not change his mobile
number during the pendency of this case and father of the juvenile
petitioner shall not leave the jurisdiction of the District -Chatra and
without prior permission of the learned Court below.
9. Therefore in view of above the judgment order dated 10.03.2022
passed by learned Additional District and Sessions Judge-I, Chatra in
Criminal Appeal ( Juvenile ) No. 01 of 2022 and dated 17.12.2021 passed
by the Principal Magistrate, Juvenile Justice Board, Chatra in connection
with Chatra Sadar P.S. Case No. 145 of 2021 are set aside.
10. Thus this Criminal Revision No. 289 of 2022 is allowed and
stands disposed of.
(Sanjay Prasad, J.)
Bibha/
