Jharkhand High Court
Ashish Yadav @ Ashish Kumar Yadav vs The State Of Jharkhand on 20 January, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.1347 of 2022
Ashish Yadav @ Ashish Kumar Yadav ..... Petitioner
Versus
The State of Jharkhand .... Opp. Party
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the petitioner : Mr. Manoj Kr. Sinha, Advocate
For the State : Mr. Pankaj Kr. Mishra, APP
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5/20.01.2023 Heard Mr. Manoj Kumar Sinha, learned counsel for the
petitioner and learned APP Mr. Pankaj Kumar Mishra appearing on
behalf of the State.
This criminal revision has been preferred against the judgment/
order dated 22.11.2022 passed by learned Special Children Court,
Chatra, in Criminal (Juvenile Appeal) No. 46 of 2022, whereby and
where under the said court has affirmed the order dated 09.09.2022,
passed by the Principal Magistrate, Juvenile Justice Board, Chatra in
M.C.A. case No.1758 of 2022 rejecting the prayer of the petitioner to
enlarge him on bail.
It is submitted on behalf of the petitioner that the petitioner was
alleged to have been caught red handed with the stolen motorcycle
and the petitioner is juvenile aged about 15 years. Further it has been
pointed out that the petitioner is in jail since 27.06.2022 and therefore it
is prayed on behalf of the petitioner that let him be enlarged on bail.
On the other hand, learned APP appearing on behalf of the State
opposed the contentions raised on behalf of the petitioner and
submitted that the petitioner was caught red handed with the stolen
motorcycle.
Having heard learned counsel for the parties, perused the record
of this case.
It is found that the petitioner is child in conflict with law (CIC).
He is aged about 15 years and the Social Investigation Report has been
received, by which it appears that he has no criminal history. Further
it is found that he is very respectful and obedient to his elders and
having good behaviour with his colleagues and neighbours. It has also
come in the Social Investigation Report that naigbhbours and other
people around him are having a very sympathetic view against the
petitioner. Further it is found that this petitioner is languishing in jail
since 27.06.2022.
In this view of the matter, it is found that his release on bail will
not bring the petitioner in association with any known criminals in
absence of his criminal antecedents. Further it is also found that his
release on bail will not expose him to any mental, moral, physical and
psychological danger because of his good behavior and obedient and
sincere with respect to his elders as per the Social Investigation Report
and therefore for the ends of justice, this Court finds that let this
petitioner be enlarge on bail.
Accordingly this petitioner Ashish Yadav @ Ashish Kumar
Yadav is directed to be enlarged on bail on furnishing bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the
like amount each to the satisfaction of Principal Magistrate, Juvenile
Justice Board, Chatra in connection with Sadar P.S. Case No.210 of
2022, subject to the conditions as laid down under Section 439 of
Cr.P.C. with conditions inter alia that (1) one of the bailers would be
his parents, (2) An undertaking supporting with affidavit will be
furnished by the parent of the petitioner stating the fact that they will
educate their child and they will remain vigilant in future with respect
to his behavior and they will keep him under their watchful
guardianship (3) learned court below may impose any other condition
or conditions as may deem fit and proper in the interest of welfare of
the petitioner to bring him into the main stream of the society.
Accordingly the judgment/ order dated 22.11.2022 passed in
Criminal (Juvenile Appeal) No. 46 of 2022 by learned Special Children
Court, Chatra is set-aside.
This criminal revision is allowed.
(Navneet Kumar, J.)
R.Kumar
