Jharkhand High Court
Aasif @ Asif Khan @ Ashif Khan Aged ... vs The State Of Jharkhand on 11 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 695 of 2022
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Aasif @ Asif Khan @ Ashif Khan aged about 16 yrs. through his
natural guardian his Father Yasin Khan ... 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 : Ms. Sunita Kumari, Advocate
For the State : Mr. Tarun Kumar, A.P.P.
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Order No. 04/ Dated: 11.10.2022
This Criminal Revision 695 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 dated
10.06.2022 passed by learned Lower Court of Special Judge
( Children's Court ) Gumla in Criminal Appeal No. 18 of 2022 by
which appeal was dismissed by learned Lower Court of Special Judge
( Children's Court ) Gumla by rejecting the bail of the petitioner
thereby affirming the order dated 21.05.2022 passed by the Principal
Magistrate Juvenile Justice Board, Gumla in connection with Bharno
P.S. Case No. 50 of 2021 ,corresponding to G.R. No. 817of 2021 for the
offence under Section 376 of the Indian Penal Code .
2. As per the F.I.R., the petitioner is alleged to has tried to
commit rape upon the victim girl and he torn her clothes and disrobed
her .
3. Heard, learned counsel for the petitioner, learned counsel for
the State.
4. It is submitted that the petitioner is a juvenile and committed
no offence. It is submitted that the victim girl is major girl and aged
more than eighteen (18 ) years . It is submitted that it has come during
investigation that the victim girl had refused for the medical examination
which is apparent from para 42 of the case diary. It is submitted that the
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victim girl has stated during her statement recorded under section 164
Cr.P.C that the juvenile petitioner had assaulted her and tried to commit
rape upon her . It is submitted that the Father of the juvenile petitioner
has given undertaking to keep him under proper care and custody. It is
submitted that the petitioner is in custody since 19.10.2021 and hence,
the juvenile petitioner may be enlarged on bail.
5. On the other hand, the learned A. P.P. appearing for the State
has opposed the prayer for bail and submitted that the juvenile petitioner
is named in the F.I.R. for trying to commit rape upon the victim girl. It is
submitted that the victim girl has supported the allegation against the
juvenile petitioner during her statement recorded under section 164 of
Cr.P.C. for trying to commit rape upon her and for disrobing her clothes.
It is submitted that the witnesses have supported the allegation against
the juvenile petitioner and hence prayer for bail of the juvenile
petitioner may be rejected.
6. Perused the F.I.R, statement recorder under section 164 of
Cr.P.C. of the victim girl , Social Investigation Report of the petitioner
and considered the submission of both the sides .
7. It transpires from the F.I.R. that the juvenile petitioner had
committed rape upon the victim girl, however the F.I.R was lodged
under section 376 of I.P.C. It further transpires that after completion of
the investigation , the police has submitted the charge-sheet under
section 341/323/354/354-B/506/509/376/511 of I.P.C.
8. It transpires from the Social Investigation Report of the
petitioner that there is lack of parental guardianship and the petitioner
has got no criminal antecedent .
9. Considering the custody of the juvenile petitioner and on the
facts and in the circumstances of this case , the juvenile petitioner
namely Aasif @ Asif Khan @ Ashif Khan is directed to be released in
the custody and guardianship to his Father on bail on
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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, Gumla in connection with
Bharno P.S. Case No. 50 of 2021 , corresponding to G.R. No. 817 of
2021 , subject the condition that both the bailers must be own relatives
including the Father of the juvenile petitioner and the Father of the
juvenile shall furnish an Undertaking that the juvenile petitioner will
appear before the trial Court as and when required, Father of the
juvenile must file an Undertaking not to get indulged in such type of
crime in future again, otherwise, the prosecution will be at liberty to take
steps for cancellation of his bail before this Court , 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 juvenile petitioner and his father
shall not leave the jurisdiction of the District -Gumla and without prior
permission of the learned Court below .
10. In view of the above, the judgment dated 21.12.2021 passed
by learned Sessions Judge, judgment dated 10.06.2022 passed by
learned Lower Court of Special Judge ( Children's Court ) Gumla in
Criminal Appeal No. 18 of 2022 and order dated 21.05.2022 passed by
the learned Juvenile Justice Board, Gumla are set-aside in the interest of
justice.
11. Thus this Criminal Revision No. 695 of 2022 is allowed and
stands disposed of.
(Sanjay Prasad, J.)
Bibha/
