Jharkhand High Court
Anil Kumar vs The State Of Jharkhand on 5 April, 2023
1 Cr. Revision No. 199 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 199 of 2023
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Anil Kumar ... ... Petitioner
Versus
The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate
For the State : Mr. Vishwanath Roy, Spl.P.P.
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Order No. 03: Dated: 5th April, 2023
Heard the learned counsels appearing on behalf of the parties.
The present criminal revision is directed against the Judgment
dated 04.02.2023 passed by learned Additional Sessions Judge-I-
cum-Children's Court, Hazaribagh in Criminal Appeal (Juvenile)
No. 06 of 2023, whereby and whereunder, an appeal preferred
under Section 101 of the Juvenile Justice (Care and Protection of
Children) Act, against the order dated 16.01.2023, passed by learned
Principal Magistrate, Juvenile Justice Board, Hazaribagh in
connection with Bishnugarh P.S. Case No. 249 of 2022, registered for
the offences punishable under Sections 419/ 420 467/ 468 of the
Indian Penal Code and under Section 66C/ 66D/ 67/ 67A/ 84C of
I.T. Act, was dismissed and thereby upheld the order dated
16.01.2023, passed by learned Principal Magistrate, Juvenile Justice
Board, Hazaribagh in connection with Bishnugarh P.S. Case No. 249
of 2022, by which the prayer for bail of the present Juvenile
(petitioner Anil Kumar) was rejected under Section 12 of the
Juvenile Justice (Care and Protection of Children) Act, and this case
is now pending before the Court of learned Principal Magistrate,
Juvenile Justice Board, Hazaribagh.
It is submitted on behalf of the petitioner that the petitioner is
a child in conflict with law, aged about 17 years and he is in custody
since 05.12.2022. It has been pointed out that the allegation against
the petitioner is that he along with co-accused Sajan Kumar used to
make the obscene videos of the customers by using one SKOKA
website and thereafter they used to blackmail the innocent
customers to implicate them in the sex videos prepared by them and
as such they were involved in the allegations of extortion through
making false pornography videos of innocent persons i.e. sextortion.
It has been submitted that similarly situated co-accused
persons namely Sajan Kumar has been enlarged on bail vide order
dated 03.03.2023 in B.A. No. 1246 of 2023 and another co-accused
Shekhar Kumar has also been enlarged on bail on 21.03.2023 vide
B.A. No. 1543 of 2023 and therefore the petitioner being juvenile is
also deserved to be enlarged on bail in view of the facts that there is
no adverse report in the social investigation report.
On the other hand, learned Spl.P.P. for the State has opposed
the contentions raised on behalf of the petitioner.
Having head the parties, perused the record of this case.
It is found that the petitioner (child in conflict with law) was
aged about 17 years at the time of occurrence. It appears from the
social investigation report that the petitioner has come into the bad
company because of lack of proper guardianship and therefore, he is
alleged to have been implicated in this case. From the social
investigation report, it further appears that there is no criminal
history against the petitioner and therefore, the possibility of the
petitioner to come into association of known criminal is very
remote and further the petitioner is in custody since 05.12.2022 and
therefore in the interest of justice his further detention in the
custody would expose him mental, moral, physical danger and in
the interest of justice one opportunity may be afforded to him to
come into the main stream of the society subject to the condition that
the child in conflict with law would need proper care and
education.
Accordingly, the petitioner is directed to be released on bail on
furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousands
only) with two sureties of the like amount each, to the satisfaction of
learned Additional Sessions Judge-I-cum Children's Court,
Hazaribagh in connection with Bishnugarh P.S. Case No. 249 of 2022
subject to the conditions as stated u/s 439 of Cr.P.C. and also subject
to the further conditions as stated below:-
i. One of the bailers will be his father.
ii. Father of the petitioner will give an undertaking that he
will continue the study of the child.
iii. The Legal-cum-Probation Officer shall ensure proper
counseling of the child intermittently in order to ensure
to continue his further studies.
iv. The father will give undertaking that he will get the
child admitted in the school and he will properly take
care the child.
v. The petitioner will co-operate in the trial /inquiry
pending in the court below; and
vi. Any other condition or conditions as the learned court
below may deem fit and proper in the interest of child.
Let a copy of this order be sent to Secretary DLSA,
Hazaribagh, the Principal District and Sessions Judge,-cum
Chairman DLSA, Hazaribagh, Deputy Commissioner-cum-Vice
Chairman, DLSA, Hazaribagh in order to ensure that the directions
given by this Court are complied in letter and spirit.
Accordingly, this Criminal Revision is allowed and judgment
dated 04.02.2023 passed by Additional Sessions Judge-I-cum
Children's Court, Hazaribagh in Cr. Appeal (Juvenile) No. 06 of
2023, whereby and where under, he has to confirmed the order
dated 16.01.2023 passed by the learned Principal Magistrate,
Juvenile Justice Board, Hazaribagh, refusing bail to the juvenile-
petitioner in connection with Bishnugarh P.S. Case No. 249 of 2022 is
set aside.
(Navneet Kumar, J.)
MM
