Akash Pandey Represented Through ... vs The State Of Jharkhand
2023 Latest Caselaw 2347 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Revision No. 287 of 2023
     Akash Pandey represented through his father and natural guardian
     namely Dilip Pandey @ Dilip Kumar Pandey                  --- --- Petitioner

                                       Versus
     The State of Jharkhand                                --- --- Opposite Party
                                          .......

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner : Mr. Rohit Agarwal, Advocate For the State : Mr. Rajesh Kumar, A.P.P.

04/18.07.2023 Heard learned counsel appearing on behalf of the petitioner and the learned A.P.P appearing on behalf of the State.

2. This criminal revision is directed against the judgment dated 20.02.2023 passed in Criminal Appeal No. 06 of 2023 by the court of learned Additional Sessions Judge-I, East Singhbhum, Jamshedpur whereby the learned appellate court has dismissed the appeal and affirmed the order dated 28.11.2022 passed by the learned Juvenile Justice Board, Jamshedpur in connection with Olidih P.S. Case No. 452 of 2016 corresponding to G.R. Case No. 3741 of 2016 registered under Section 302/120B/34 of the IPC whereby the learned Juvenile Justice Board, Jamshedpur has rejected the prayer for bail of the petitioner.

3. Learned counsel for the petitioner at the outset submitted that the gist of the allegations as set out in the F.I.R is that he along with co- accused persons have killed the nephew of the Informant namely Rajesh Kumar Das. It has been pointed out that this appellant is not named in the F.I.R and the similarly situated co-accused persons who are major offenders have been enlarged on bail by a co-ordinate Bench of this Court namely Amar Kumar @ Pompo in B.A. No. 8945 of 2021 dated 27.09.2021; Rakesh Singh in B.A. No. 7781 of 2021 dated 07.01.2022 and Vishal Kumar @ Rahul Kumar @ Chhechhe in B.A. No. 10629 of 2022 dated 21.12.2022. It has further been pointed out that petitioner is a child in conflict with law who was aged about 17 years at the time of commission of offence and since the charge has been framed, therefore possibility of tempering with the evidence is very remote. Appellant is in custody since 04.09.2021 and therefore he deserves to be enlarged on bail.

4. On the other hand learned A.P.P. appearing on behalf of the State has opposed the contentions raised by the petitioner and submitted that this petitioner is having criminal antecedent and besides the present one,

there are two more cases pending against him and in the social investigation report also there are some adverse remark that this petitioner has addiction of drugs i.e., 'ganja' and therefore, he does not deserve to be enlarged on bail. However, he did not controvert the fact that similarly situated co-accused have been granted bail by a co- ordinate Bench of this Court.

5. Having heard learned counsel for the parties, perused the record of the case.

6. In view of the submissions advanced on behalf of the petitioner it is found under the facts and circumstances of the case that this petitioner is a child in conflict with law who is languishing in jail since 04.09.2021. It is further found that similarly situated co-accused have been granted bail by a co-ordinate Bench of this Court namely Amar Kumar @ Pompo in B.A. No. 8945 of 2021 dated 27.09.2021; Rakesh Singh in B.A. No. 7781 of 2021 dated 07.01.2022 and Vishal Kumar @ Rahul Kumar @ Chhechhe in B.A. No. 10629 of 2022 dated 21.12.2022.

7. In the backdrop of the aforesaid fact, it is deemed appropriate to enlarge the petitioner on bail.

8. Accordingly, the petitioner named above 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 Learned Juvenile Justice Board, Jamshedpur in connection with Olidih P.S. Case No. 452 of 2016 corresponding to G.R. Case No. 3741 of 2016 subject to the condition as set out under Section 439 of the Cr.P.C and with further subject to the conditions, inter alia as under:

i. The father of the petitioner / close relative will be one of the bailers;

ii. The father of the petitioner will give an undertaking that he will take proper care and attention of the child and he will admit him in a school for further studies;

iii. The Secretary, DLSA is directed to take proper steps for counselling of the child and also facilitate him to get him admitted in a school and also to ensure that he properly attends the school and continue with his studies with the help of Legal cum Probation officer.

iv. Any other condition or conditions as the learned Court

below may deem it fit and proper in the interest of child. v. Petitioner will cooperate in the trial of this case, which is going on and he will remain present on each and every date fixed in this case, failing which, learned court below will pass appropriate order for cancellation of his bail.

9. Accordingly, this criminal Revision is allowed. The impugned order dated 20.02.2023 passed in Criminal Appeal No. 06 of 2023 by the court of learned Additional Sessions Judge-I, East Singhbhum, Jamshedpur affirming the order dated 28.11.2022 passed by the learned Juvenile Justice Board, Jamshedpur in connection with Olidih P.S. Case No. 452 of 2016 corresponding to G.R. Case No. 3741 of 2016 is set aside.

10. Let a copy of this order be communicated to the Secretary, DLSA, East Singhbhum, Jamshedpur, the Principal District Judge cum Chairman, DLSA, East Singhbhum, Jamshedpur and the Deputy Commissioner cum Vice Chairman, DLSA, East Singhbhum, Jamshedpur through FAX to ensure that the Secretary, DLSA complies the direction in letter and spirit as passed by this Court without any hindrances and obstacles.

(Navneet Kumar, J.)

A.Mohanty