Jharkhand High Court
Juvenile 'X' Through His Mother vs The State Of Jharkhand ... Opp. Party on 10 September, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
2025:JHHC:27479
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.228 of 2025
Juvenile 'X' through his mother ... 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. Kirpa Shankar Nanda, Advocate.
For the State : Mr. Shailendra Kr. Tiwari, Spl. P.P.
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5/10.09.2025 Heard learned counsel appearing for the petitioner and learned
counsel appearing for the State.
2. This Criminal Revision has been preferred against the Order
dated 04.01.2025 passed by learned Principal Magistrate, Juvenile
Justice Board, Gumla, in Criminal Misc. Application No. 1391 of
2024, arising out of Basia P.S. Case No. 26 of 2024, corresponding to
Spt. G.R. Case No 167 of 2024, registered for the offence under
Section Sections 302/34 of I.P.C., and Section 3/4 of witch Craft
Practices Act, whereby the bail application of the petitioner has been
rejected, which was confirmed by the Judgment dated 12.02.2025
passed by learned Additional Sessions Judge-I-cum-Spl. Judge
(Children's Court), Gumla, in Criminal Appeal Case No. 02 of 2025.
3. Learned counsel appearing for the petitioner submits that the
petitioner was juvenile aged about 16 years 08 months at the time of
alleged crime, i.e. on 18.03.2024 and the name of the petitioner has
come only on the basis of suspicion and confessional statement and
the petitioner has got no criminal antecedent. He further submits that
the persons, who are major, involved in the alleged crime, have been
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granted regular bail by Coordinate Bench of this Court in B.A.
No.7780 of 2024 and in B.A. No.9684 of 2024.
4. He further submits that the petitioner is represented by his
mother and the mother is ready to give any undertaking to the effect
that the petitioner will not be exposed to moral, physical and
phycological danger.
5. He further submits that both the learned courts have pleased to
reject the bail application only considering the nature of allegation.
He submits that the learned Courts have not taken into consideration
the spirit of Section 12 of Juvenile Justice (Care and Protection of
Children) Act, 2015 in its right perspective.
6. Learned counsel appearing for the State opposed the prayer and
submits that the finding of the learned Courts is correct and there is
every chance that the petitioner will come in contact with criminals,
however, he is not disputing that the petitioner is a juvenile.
7. It is admitted position that the name of the petitioner has come
on the basis of suspicion and confessional statement and other major
persons, who are alleged to be involved in crime, have been granted
regular bail by the Coordinate Bench of this Court in B.A. No.7780
of 2024 and in B.A. No.9684 of 2024. Petitioner is being represented
by his mother and the mother is ready to give any undertaking to the
effect that the petitioner will not be exposed to any moral, physical
and phycological danger. Both the learned Courts have rejected the
bail application only on the ground of nature of crime.
8. For rejecting the bail, three ingredients in light of Section 12 of
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the Juvenile Justice (Care and Protection of Children) Act, 2015 are
required to be considered, deals with the bail to juveniles (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,
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. 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 is that there is likelihood that the petitioner
will come into the association of dreaded criminals and there is
likelihood of moral, physical and psychological danger of the
petitioner if released on bail not founded on reasonable grounds.
11. The gravity of allegation has not been properly appreciated and
the mandatory provision of Section 12 of J.J. Act, 2015 as well as
other provisions relating to the juvenile has declined to grant bail to
the juvenile on the basis of unfounded apprehension. In the absence
of any material or evidence of reasonable grounds, it cannot be said
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that his release would defeat the ends of justice and have failed to
give reasons on three contingencies for declining the bail to the
revisionist. The findings recorded by the Juvenile Justice Board as
well as appellate court are based on nature of crime.
12. Thus, the Order dated 04.01.2025 passed by learned Principal
Magistrate, Juvenile Justice Board, Gumla, in Criminal Misc.
Application No. 1391 of 2024 and the Judgment dated 12.02.2025
passed by learned Additional Sessions Judge-I-cum-Spl. Judge
(Children's Court), Gumla, in Criminal Appeal Case No. 2 of 2025,
arising out of Basia P.S. Case No. 26 of 2024, corresponding to Spt.
GR Case No 167 of 2024 are not sustainable in the eye of law and
hence both the orders are set aside and the present criminal revision
is allowed.
13. In view of that, this Criminal Revision Petition is allowed.
14. Since the revisionist is in observation home since 19.03.2024,
he is directed to be released on bail via assurance and surety given by
his natural guardian/mother in connection with Basia P.S. Case No.
26 of 2024, corresponding to Spt. GR Case No 167 of 2024, after
furnishing a personal bond of his mother with two sureties of her
relative each in the like amount to the satisfaction of Juvenile Justice
Board, Gumla, subject to the following conditions: -
(i) Natural guardian/mother 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
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father will ensure that the juvenile will not repeat the
offence.
(ii) Natural guardian/mother 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/mother will report to
the Probation Officer on the third Monday of every
calendar month commencing with the third Monday of
September, 2025, and if during any calendar month the
third 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, Gumla, on such a periodical basis
as the Juvenile Justice Board may determine.
15. As such, this Criminal Revision is disposed of. Pending I.A. if
any stands disposed of.
(Sanjay Kumar Dwivedi, J.)
R.Kumar
