Ajay @ Barik S/O Late Santosh ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 17454 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                               ON THE 18 th OF OCTOBER, 2023
                                            CRIMINAL REVISION No. 4652 of 2023

                           BETWEEN:-
                           AJAY @ BARIK S/O LATE SANTOSH (MINOR) THROUGH
                           GUARDIAN MOTHER MEENA W/O LATE SANTOSH
                           KACHAVA R/O RAJIV RATAN COLONY NEELGANGA
                           THANE KE PICHE UJJAIN (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (SHRI DHARMENDRA KEHARWAR, LEARNED COUNSEL FOR THE
                           PETITIONER .

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION NANAKHEDA
                           DISTT.UJJAIN (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (SHRI SURENDRA GUPTA APPEARING ON BEHALF OF ADVOCATE
                           GENERAL.

                                 This revision coming on for hearing this day, after hearing the parties,
                           the court passed the following:
                                                               ORDER

The revision petition under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (for brevity 'the Act of 2015') has been directed against judgment dated 18.08.2023 passed in Cr.A. No.162/2023, by Special Judge (POCSO Act), District Ujjain whereby the learned Court has affirmed the order dated 10.08.2023 passed by juvenile Justice Board in Case No.400/2023 rejecting the application for custody of the child in conflict.

2. As per the prosecution story, on 25.07.2023, the police has received Signature Not Verified Signed by: AMIT KUMAR Signing time: 10/19/2023 4:40:32 PM

an information on wireless system, the police reached on the spot and seen the injured and send him for medical treatment. On euquiry from the eye-witness namely Vivek Chouhan, he stated that when the injured was filling petrol in his motorcycle on the petrol pump, one Sonu @ Jagga alongwith his 3-4 friends came there and abused the injunred infilthy langauage, thereafter on being prayer not to abused him, they assaulted the injured by kicks and fists and knife. Hence, the police has lodged the FIR against the accused persons and the minor under Section 307, 294 and 323 of IPC.

3. It is submitted by counsel for the petitioner that the application before the Juvenile Justice Board was preferred, but the same was dismissed and later

on, the appeal preferred by the guardian of the minor, was also dismissed by the impugned order by ignoring the act and conduct of the minor by the learned appellate Court. It is further submitted that there is no threat to the life of the juvenile and there is no chances that the juvenile will affect by the society of miscreants/bad persons.

4. It is also submitted that the petitioner (mother) of the minor undertakes and assured the Court that she will take care of the juvenile in accordance with law because she is alone and father of the juvenile is no more. It is further submitted that as per the report of Probation Officer, the conduct of the juvenile is in accordance with law. It is further submitted that there is no likelihood that minor would come into contact of any known criminal or his release would expose him to moral, physical or psychological danger or otherwise defeat the ends of justice.

5. On the other hand learned Public Prosecutor has opposed the prayer contending that there is clear allegations of commission of offence with the co- accused. Therefore the learned appellate Court has not committed any illegality Signature Not Verified Signed by: AMIT KUMAR Signing time: 10/19/2023 4:40:32 PM

and in keeping the juvenile in Child Reformation Center considering the nature of crime committed by him. The impugned order passed by the learned appellate Court cannot be termed as illegal or against the material available on record. Under these circumstances, they prayed for rejection of this revision petition.

6. Considering the contentions raised by both the parties and also perused the order and documents filed by the parties.

7. Provisions contained under Section 12 of 'the Act' lays down that if a juvenile is arrested or detained or appears or brought before the Board, such persons shall not be released if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral physical or psychological danger, or that this release would defeat the ends of justice, for whatsoever offence he is charged, shall be released on bail except in the above circumstances. Of course, bail application of juvenile can be refused for the above grounds or any one of the grounds existed. Thus the explanation would be that he shall not be so released, if there appears reasonable ground for believing that the release is likely to bring home into association with any known criminal or expose him to moral, physical or psychological danger, or that would defeat the ends of justice.

8 . From the perusal of the record, it appears that the offence was

caused by main accused however, the juvenile has participated in the offence or not, it shall only be decided by proper trial only. The appeal was dismissed by the learned appellate Court on the ground that there exist reasonable grounds under the section for believing that the release of the juvenile would defeat the ends of justice. However, it cannot be lost sight of the fact that such provision

Signature Not Verified Signed by: AMIT KUMAR Signing time: 10/19/2023 4:40:32 PM

is indicative of the intend of the legislature that a child conflicted with law should not be kept in custody normally except under the circumstances narrated under the section 12 of 'the Act'. The words ends of justice should be confined to both facts, which shows that the grant of bail does not likely result in injustice. Under these circumstances, refusal of bail would be against the intention of 'The Act of 2015'. Therefore, taking into consideration of all the aforesaid facts coupled with the facts of case, in the opinion of this Court, ends of justice would be served if the juvenile be released on bail and sent to custody of his guardian.

9. Accordingly, the present revision petition is allowed and judgment dated 18.08.2023 passed in Cr.A. No.162/2023, by Special Judge (POCSO Act), District Ujjain is hereby set aside and it is directed that the juvenile/applicant shall be released on bail and handed over to the custody of his guardian here (mother) on furnishing a personal bond o f Rs.75,000/- (Rupees Seventy five thousand only) with one solvent surety in the like amount to the satisfaction of the Juvenile Justice Board, Ujjain subject to the condition that the Guardian of the juvenile shall keep watch over him during the period of his release and keep him present on each and every dates of appearance before the Juvenile Justice Board and shall not allow the applicant to come into association with any known/unknown criminals and further ensure that his release shall not defeat the ends of justice in any manner.

1 0 . I t is further directed that Probation Officer shall periodically keep vigilance over the child conflicted with law and observe his activities and in the event of any diversity noticed by him, he shall inform the Juvenile Justice Board and the Board, after proper enquiry, if found the activities of the conflicted child adverse to law, may send the conflicted child to Child Reformation Center Signature Not Verified Signed by: AMIT KUMAR Signing time: 10/19/2023 4:40:32 PM

and in such condition, this order regarding granting of child custody shall stand automatically cancelled without further reference to this Court.

11. Resultantly, this revision petition stands allowed and disposed of in the manner indicated herein-above, thereby setting aside the impugned orders.

Certified copy as per Rules.

(PREM NARAYAN SINGH) JUDGE amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 10/19/2023 4:40:32 PM