Jharkhand High Court
Umesh Yadav (Juvenile) vs The State Of Jharkhand on 13 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.182 of 2022
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Umesh Yadav (Juvenile), aged about 15 years, S/o Kameshwar Yadav,
represented through his Mother and natural guardian Devpatia
Devi,W/o Kameshwar Yadav of village-Luti, P.O- Murup, ,P.S. +
District, Latehar (Jharkhand)
... 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. Md.Faruque Ansari, Advocate
For the State : Mr. Subodh Kumar Dubey, A.P.P.
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Order No.07 Dated 13th October, 2022
Heard Md. Faruque Ansari, learned counsel for the petitioner and
Mr. Subodh Kumar Dubey, learned counsel for the State.
2. The present Criminal Revision Application has been filed on
behalf of the Juvenile-petitioner under Section 102 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 for setting aside
the judgment dated 08.02.2022 passed in Criminal Appeal No.17 of
2021 by the learned Additional Sessions Judge-I, Latehar, by which,
the said Criminal Appeal No.17 of 2021 has been dismissed
rejecting the bail of the petitioner and thereby affirming the order
dated 02.11.2021 passed by the In-Charge, Principal Magistrate
Juvenile Justice Board, Latehar in connection with Latehar P.S. Case
No.238 of 2021, E.R No.23 of 2021 instituted for the offences under
Sections 364, 365/35 of the Indian Penal Code.
3. As per the FIR, the Informant has alleged and shown strong
suspicion against five persons namely, Kameshwar Yadav, Sakandar
Yadav, Surender Yadav, Umesh yadav, Nageshwar Yadav and
Sandeep Yadav as named in the FI.R for committing the murder of
her mother on suspecting her as Daain and Witch.
4. It is submitted by the learned counsel for the petitioner that the
petitioner is a Juvenile and his name has come in the FIR merely on
suspicion. It is further submitted that there is no eye-witness of the
occurrence. It is further submitted that the petitioner is the Gotia of
the Informant and the entire family members of this juvenile
petitioner including the father and brother of this petitioner have
been made accused by the Informant. It is further submitted that the
name of this juvenile petitioner has come on the basis of the
confessional statements of co-accused persons namely, Kameshwar
Yadav and Surender Yadav as mentioned at paragraph Nos.18 and
19 of the case diary. It is further submitted that the co-accused
Kameshwar Yadav and Surender Yadav have already been granted
bail by the Co-ordinate Bench of this Court in B.A No.7510 of 2022
vide order dated 14.09.2022 and the web copy of the said order has
been produced before this Court during course of the submission. It
is further submitted that the Mother of juvenile petitioner is very
much willing and ready to take care and custody of Juvenile and she
is also ready to give undertaking that she will take proper care of
him and provide proper guidance. It is further submitted that the
juvenile-petitioner is in custody since 07.10.2021 and hence, he may
be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the bail and has submitted that the several witnesses have supported
the allegation against this petitioner and this petitioner has also
committed the murder of the deceased.
6. Perused the Lower Court Records, case diary, Social
Investigation Report and considered the submission made on behalf
of the parties.
7. It transpires that there is nothing adverse possession against
this juvenile petitioner in the Social Investigation Report. It also
transpires that the co-accused Kameshwar Yadav and Surender
Yadav who are alleged to have involved in committing the murder
of the deceased, have been granted bail by the Co-ordinate Bench of
this Court in B.A No.7510 of 2022 vide or der dated 14.09.2022. It
also appears that the entire family members of the petitioner have
been made acused in this case.
8. Considering the grant of bail to the other co-accused persons
by the Co-ordinate Bench of this Court as mentioned above, and
considering undertaking by the Mother of the petitioner and
considering the custody of the petitioner, the juvenile-petitioner
namely, Umesh Yadav, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned In-Charge,
Principal Magistrate Juvenile Justice Board, Latehar in connection
with Latehar P.S. Case No.238 of 2021, E.R No.23 of 2021, subject
to the condition that the Mother shall be the one of the bailors of the
juvenile petitioner, with a further condition that the Mother of the
juvenile-petitioner shall submit her self-attested Aadhar Card and
Mobile Number before the learned Court below and which shall not
be changed till disposal of this case and the Mother of the juvenile-
petitioner shall produce the juvenile-petitioner before the learned
court below as and when required.
09. Thus, in view of above judgment dated 08.02.2022 passed in
Criminal Appeal No.17 of 2021 by the learned Additional Sessions
Judge-I, Latehar and the order dated 02.11.2021 passed by the In-
Charge, Principal Magistrate Juvenile Justice Board, Latehar are set-
aside in the interest of justice.
10. Accordingly, this Criminal Revision No.182 of 2022 stands
allowed and is accordingly disposed of.
(Sanjay Prasad, J.)
Raja/-
