Jharkhand High Court
Juvenile 'X' Through His Father vs The State Of Jharkhand ..... ... Opp. ... on 19 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
2025:JHHC:24552
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.351 of 2025
Juvenile 'X' through his father .... ... Petitioner
Versus
The State of Jharkhand ..... ... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Gautam Kumar, Advocate.
For the State : Mr. Manoj Kr. Mishra, APP
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6/19.08.2025 Heard learned counsel appearing for the petitioner and learned
counsel appearing for the State.
2. This Criminal Revision Petition has been preferred against the
Judgment dated 25.02.2025 passed in Cr. Appeal No.04/2025, CNR
No.JHPK01-000214-2025, by learned Additional Sessions Judge-I
Pakur, in connection with Pakur (Town) P.S. Case No.173/2024
lodged under Sections 126(2), 115(2), 118(1), 118(2), 117(2), 109(1),
3(5) of B.N.S., whereby the appeal preferred against the order dated
27.01.2025 passed by Juvenile Justice Board, Pakur, in connection
with Pakur (Town), P.S. Case No.173/2024, has been dismissed and
order of the Juvenile Justice Board, Pakuar is affirmed.
3. Learned counsel appearing for the petitioner submits that the
petitioner is a juvenile and aged about 16 years. He submits that
petitioner is not named in the FIR and a person, who is also involved
in the said crime, has been granted regular bail in B.A. No.1133 of
2025 by order dated 12.02.2025.
4. He submits that the petitioner is being represented by his father
and the Social Investigation Report is also in favour of the petitioner,
which has been considered by the learned First Appellate Court,
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however, the bail has been rejected only on the ground that there is
lack of discipline in the family and the learned Trial Court has
rejected the application as there is chance of disturbance of
investigation.
5. Learned counsel for the State submits that learned Courts have
rightly passed the order.
6. In the light of Section 12 of Juvenile Justice (Care and
Protection) of Children Act, 2015, the bail can be denied only on
three ground (i) if there appears reasonable grounds for believing that
the release is likely to bring that person into association with any
known criminal, or (ii) expose the said person to moral, physical or
psychological danger, or, (iii) the person's release would defeat the
ends of justice.
7. It also transpires from Section 12 of the Said Act that
seriousness of the alleged offence or the age of the juvenile are also
no relevant consideration for denial of bail above 16 years of age,
even it is alleged to have committed a heinous offence, that person is
also entitled for bail in light of section 12 of the said Act. Section 12
of the said Act is applicable to all juveniles in conflict with law
without any discrimination of any nature.
8. In view of the above, it transpires that the learned Trial Court
has rejected the bail only on the ground that there is a chance of
tampering with the evidence and the Appellate Court has rejected the
appeal on the ground that there is lack of discipline in the family,
which does not sound good.
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9. It has been pointed out in course of the argument that the
petitioner is being represented by his father and the father is ready to
give the proper undertaking.
10. In view of the above, the Judgment dated 25.02.2025 passed in
Cr. Appeal No.04/2025, CNR No. JHPK01-000214-2025, by learned
Additional Sessions Judge-I Pakur and the order dated 27.01.2025
passed by Juvenile Justice Board, Pakur, in connection with Pakur
(Town), P.S. Case No.173/2024 are hereby set-aside.
11. Let the Revisionist, who is in observation since 04.01.2025 be
released on bail by assurance and sureties given by his natural father
in connection with Pakur (Town) P.S. Case No.173/2024, after
furnishing a personal bond of his father (Sahid Alam @ Md. Sahid
Alam) with two sureties of his relatives each of the like amount to
the satisfaction of the Juvenile Justice Board, Pakur, subject to the
following condition:-
(i) Natural guardian/father will furnish an undertaking that
upon release on bail the revisionist will not be permitted
to go into contact or association with any known criminal
or allowed to be exposed to any moral, physical, or
psychological danger and further that the father will
ensure that the juvenile will not repeat the offence.
(ii) Natural guardian/father will further furnish an
undertaking to the effect that the juvenile will pursue his
study at the appropriate level which he would be
encouraged to do besides other constructive activities and
not be allowed to waste his time in unproductive and
excessive recreational pursuits.
(iii) Juvenile and natural guardian/father will report to the
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Probation Officer on the first Monday of every calendar
month commencing with the first Monday of September,
2025, and if during any calendar month the first Monday
falls on a holiday, then on the following working day.
(iv) The Probation Officer will keep a strict vigil on the
activities of the juvenile and regularly draw up his social
investigation report that would be submitted to the
Juvenile Justice Board, Pakur, on such a periodical basis
as the Juvenile Justice Board may determine.
12. In view of the above, this Revision Petition is allowed and
disposed of. Pending I.A, if any, stands disposed of.
(Sanjay Kumar Dwivedi, J.)
R.Kumar
