Jharkhand High Court
Uttam Indwar vs The State Of Jharkhand .... ...Opp. ... on 1 February, 2024
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1169 of 2023
Uttam Indwar .... ...Petitioner
Versus
The State of Jharkhand .... ...Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
For the Petitioner : Mr. B.R. Rochan, Advocate
For the State : Mr. Abhay Kr. Tiwari, A.P.P.
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Order No. 08/ dated 01.02.2024
Learned Counsel Mr. B.R. Rochan on behalf of the
petitioner and on behalf of the State, learned A.P.P. are present.
2. The instant Cr. Revision is directed against the
Judgment/Order dated 02.08.2023 passed by the learned Special
Judge (Children Court), Gumla in Cr. Appeal No. 36 of 2023
whereby the Appellate Court dismissing the appeal has affirmed
the order dated 13.07.2023 passed by the learned Principal
Magistrate, Juvenile Justice Board, Gumla in Puso P.S. Case No.
14 of 2023 wherein the bail application of the petitioner has been
rejected.
3. The brief facts leading to this Cr. Revision are that the
informant-victim gave the written information with these
allegations that on 12.06.2023 the CCL had called her over his
mobile phone to the Nagra ground. She reached there and found
CCL. Thereafter he began to use criminal force with her and also
attempted to commit rape. She resisted and raised alarm. Her
brother Tabrej Ansari and her cousin brother Shamser Ansari
both attracted there and rescued her and the CCL was nabbed at
the spot and he was handed over to the Police and on this written
information case crime No.14 of 2023 was registered under
Sections 376/511 of Indian Penal Code and Section 8 of POCSO
Act against the CCL with the Police Station concerned.
4. The learned Counsel for the petitioner has submitted that
though the F.I.R. was lodged by the victim herself yet in her
statement under Section 164 of Cr.P.C. she admitted friendship
with the petitioner and nothing has stated by the victim in her
statement under Section 164 of Cr.P.C. any overt act in regard to
attempt to rape. So far as the Social Investigation Report of the
CCL is concerned, nothing is adverse against him.
5. The learned A.P.P. opposed the contentions made by the
learned Counsel for the petitioner.
6. It is the settled law that the bail application of a juvenile is
to be disposed of in view of the provisions of Section 12 of the
J.J.Act, 2015 in which it is provided that ordinarily the bail
application of a juvenile should be allowed except the three
circumstances as shown in proviso of the said section. While
disposing of the bail application of a juvenile, the gravity and
nature of the offence cannot be taken into consideration rather it
is the Social Investigation Report of the C.C.L. which is to be
considered.
7. Herein the Section 12 of the J.J. Act, 2000 is reproduced
as under:
Section 12. Bail to a person who is apparently a
child alleged to be in conflict with law.-(1) When
any person, who is apparently a child and is alleged
to have committed a bailable or non-bailable offence,
is apprehended or detained by the police or appears
or brought before a Board, such person shall,
notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974) or in any other
law for the time being in force, be released on bail
with or without surety or placed under the
supervision of a probation officer or under the care of
any fit person:
Provided that such person shall not be so released
if there appears reasonable grounds for believing that
the release is likely to bring that person into
association with any known criminal or expose the
said person to moral, physical or psychological
danger or the person's release would defeat the ends
of justice, and the Board shall record the reasons for
denying the bail and circumstances that led to such
a decision.
(2) When such person having been apprehended is
not released on bail under sub-section (1) by the
officer-in-charge of the police station, such officer
shall cause the person to be kept only in an
observation home 1[or a place of safety, as the case
may be,] in such manner as may be prescribed until
the person can be brought before the Board.
(3) When such person is not released on bail under
sub-section (1) by the Board, it shall make an order
sending him to an observation home or a place of
safety, as the case may be, for such period during the
pendency of the inquiry regarding the person, as may
be specified in the order.
(4) When a child in conflict with law is unable to
fulfil the conditions of bail order within seven days of
the bail order, such child shall be produced before
the Board for modification of the conditions of bail.
8. The F.I.R. of this case was lodged by the victim herself but
the allegations made in the F.I.R. are not corroborated with the
statement of victim under Section 164 of Cr.P.C. in which she
stated that the CCL was her friend and he had called her over the
mobile phone and he did use criminal force but did nothing as an
attempt to commit rape.
9. So far as the Social Investigation Report of the CCL is
concerned, his attitude towards the neighbour, friends and family
members is shown normal. Though the bad habit of taking
intoxicant is given but nothing is in the whole Social Investigation
Report that the juvenile was in company of any known criminal
and it is mentioned that the juvenile is having no criminal
antecedent. In the Social Investigating Report, it is also
mentioned that the victim and the CCL both were having love
affairs.
10. In view of the above, the impugned order passed by the
Juvenile Justice Board which was affirmed by the learned
Appellate Court needs interference. Accordingly, this Cr. Revision
deserves to be allowed.
11. This Cr. Revision is allowed. The impugned order passed by
the Juvenile Justice Board which was affirmed by the learned
Appellate Court is set aside.
12. The CCL is directed to be released on bail on furnishing bail
bond of Rs.25,000/- (Rupees Twenty Five Thousand) and two
sureties of the like amount each to the satisfaction of the learned
Principal Magistrate, Juvenile Justice Board, Gumla in
connection with Puso P.S. Case No. 14 of 2023, corresponding to
G.R. Case No. 382 of 2023 on behalf of his guardian. In addition,
the guardian of the juvenile would give an undertaking that he
would keep vigil eye upon the CCL and would control him from
coming in association of known criminal.
(Subhash Chand, J.)
P.K.S.
