Jharkhand High Court

Juvenile 'X' Through His Father vs The State Of Jharkhand ... Opp. Party on 7 October, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                                         2025:JHHC:30902




            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Revision No.963 of 2025

            Juvenile 'X' through his father             ...     Petitioner
                                       Versus
            The State of Jharkhand                      ...     Opp. Party
                                    --------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Danish Shahbaz, Advocate Mr. Shadab Eqbal, Advocate Ms. Atefa Parvez, Advocate For the State : Mr. Vineet Kr. Vashistha, Spl. PP

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4/07.10.2025 Heard learned counsel appearing for the petitioner and learned

counsel appearing for the State.

2. Learned counsel appearing for the petitioner submits that for

removing the defect, subsequently fresh Vakalatnama has been filed

on behalf of father of the petitioner, but it appears that his name and

his associates name have wrongly been reflected in the cause list on

behalf of opposite party, however, he is appearing only for petitioner.

3. In view of such submission, appearance of name of Atefa

Parvez and Shadab Eqbal for Opposite Party No.2 be deleted.

4. This Criminal Revision has been preferred for setting aside the

Judgment dated 14.07.2025 passed by learned Additional Judicial

Commissioner-IV cum Special judge (POCSO), Ranchi in Cr.

Appeal No.221 of 2025, whereby the learned Court has been pleased

to dismiss the appeal arising out of order dated 25.04.2025 passed by

learned Juvenile Justice Board, Ranchi, who has been pleased to

reject the bail of CICL, in connection with Pithoria P.S. Case No.133

of 2024, corresponding to G.R. Case No.534 of 2025, under Sections

103(1), 238, 61(2) of BNSS, pending in the Court of Juvenile Justice

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Board, Ranchi.

5. Learned counsel appearing for the petitioner submits that the

petitioner is a juvenile and he was aged about 13 years at the time of

alleged crime and he is in remand home since 18.11.2024. He further

submits that only on the suspicion, the petitioner has been arrested.

He also submits that the learned Court has been pleased to reject the

bail application only on the ground that in the social investigation

report, there is no clear finding with regard to the apprehension of

the petitioner to come in the society of person of moral, physical and

psychological danger.

6. He further submits that the petitioner is being represented by

his father and the father is ready to give an undertaking that he will

take care of the child and he will not allow him to expose to any

person having moral, physical and physiological danger. He then

submits that petitioner may kindly be allowed to set out from the jail.

7. Learned counsel appearing for the State opposed the prayer and

submits that the learned Court has found that the Social Investigation

Report has come with regard to the exposure of the petitioner to

come in association of persons having moral, physical and

psychological danger and in view of that the learned Court has been

pleased to reject the bail of the petitioner and he further submits that

there is no illegality in the impugned order.

8. It is admitted position that the petitioner was aged about 13

years at the time of alleged crime. The trial is already been

proceeded. PW-2 is the informant and he has been examined and he

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has stated that the police has narrated the story of the crime to him

and the FIR was also not written by PW-2, who happens to be the

informant. In view of that, prima facie it appears that the petitioner

has been apprehended only on the basis of suspicion and the

petitioner is in remand home since 18.11.2024. It appears that only

on apprehension of coming in association of persons having moral,

physical and physiological danger, the bail of the petitioner has been

rejected by the learned Courts, which does not sound good as per

Section 12 of the Juvenile Justice (Care and Protection of Children)

Act, 2015, which deals with bail to juveniles. On perusal of Section

12 of the J.J. Act, 2015, it is crystal clear that Section 12 of the Act

overrides the bail provisions as contained in the Criminal Procedure,

1973 or any other law for time being in force. It is further crystal

clear that bail to the juvenile is a rule and refusal of the same is an

exception and juvenile can be denied bail to child only on the

following three grounds (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.

9. From Section 12 of the said Act, it also transpires 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 and

is alleged to have committed a heinous offence is also entitled to get

bail under section 12 of the Act, 2015. There is no classification,

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whatsoever, provided in Section 12 of the Act, 2015 with regard to

grant of bail. Section 12 of the Act is applicable to all juveniles in

conflict with law without any discrimination of any nature.

10. The Juvenile Justice Act is based on belief that children are the

future of the society and in case they go into conflict with law under

some circumstances, they should be reformed and rehabilitated and

not punished. No society can afford to punish its children. Punitive

approach towards children in conflict with law would be self-

destructive for the society. At the same time if the keeping of the

child in custody is helpful in his development and rehabilitation or

protection, only then it could be said that release of the child would

defeat the ends of justice.

11. In view of above discussions, the Court is satisfied that the

reasoning and conclusion of the learned appellate court as well as

Juvenile Justice Board that there is likelihood that the petitioner will

come into the association of criminals and there is likelihood of

moral, physical and psychological danger of the petitioner if released

on bail is not founded on reasonable grounds. It appears that the

ground of rejection is not considered as per Section 12 of the

Juvenile Justice (Care and Protection of Children) Act, 2015 in right

perspective and the bail of the petitioner has only been rejected only

on the ground of apprehension, which does not sound good.

12. In view of the above discussion, the Judgment dated

14.07.2025 passed by learned Additional Judicial Commissioner-IV

cum Special judge (POCSO), Ranchi in Cr. Appeal No.221 of 2025

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and the order dated 25.04.2025 passed by learned Juvenile Justice

Board, Ranchi in connection with Pithoria P.S. Case No.133 of 2024,

corresponding to G.R. Case No.534 of 2025 are hereby set-aside.

13. In view of that, this Criminal Revision Petition is allowed.

14. Since the revisionist is in observation home since 18.11.2024,

he is directed to be released on bail via assurance and surety given by

his natural guardian/father in connection with Pithoria P.S. Case

No.133 of 2024, corresponding to G.R. Case No.534 of 2025 after

furnishing a personal bond of his father with two sureties of his

relative each in the like amount to the satisfaction of Juvenile Justice

Board, Jamshedpur, subject to the following conditions: -

(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 Probation Officer on the third Monday of every calendar month commencing with the third Monday of October, 2025, and if during any calendar month the third Monday falls on a holiday, then on the following working day.

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(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, Ranchi, on such a periodical basis as the Juvenile Justice Board may determine.

15. Before imparting the judgment, it is necessary to point out that

the identity of the juvenile in the present matter has been disclosed in

the impugned judgment and order which violates the right to privacy

and confidentiality of the juvenile and against the law laid down by

the Supreme Court in Shilpa Mittal v. NCT Delhi, (2020) 2 SCC 787

wherein, it was held that the identity of the juvenile shall not be

disclosed.

16. The present revision has been filed by the revisionist through

his natural guardian/father. The memo of parties discloses the name

of the juvenile. The Registry is directed to conceal the names of the

juvenile from the cause list as well as the record of this case so that

the names and identities are not disclosed as directed by the Supreme