Uttarakhand High Court
Arman vs The State Of Uttarakhand on 24 August, 2021
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No.163 of 2021
Arman ............... Revisionist
Versus
The State of Uttarakhand ...... Respondent
Ms. K.S. Bhandari, learned counsel for the revisionist.
Mr. V.K. Gemini, learned Dy.A.G. along with Ms. Meena Bisht, learned B.H.
for the State.
Hon'ble R.C. Khulbe, J.
This criminal revision, preferred by the
revisionist u/s 102 of Juvenile Justice (Care & Protection)
of Children Act, is directed against the judgment and order
dated 24.05.2021 passed by the Juvenile Justice Board,
Dehradun in Criminal Case No.77/2021, as well as the
judgment and order dated 11.06.2021 passed by the Addl.
Sessions Judge/Special Judge (POCSO), Dehradun in
Criminal Appeal No.46/2021, State Vs. Deepak Gupta.
2. Heard learned counsel for the parties.
3. Learned Counsel for the revisionist as well as
learned Counsel for the State admitted that the revisionist
is a juvenile who is involved in connection with Criminal
Case No.77/2021 under Sections 376 (a,b), 376 (d) IPC and
u/s 5 (m)/6, 9 (g)/10 POCSO Act, registered at P.S. Rajpur,
Distt. Dehradun.
4. The revisionist, being a juvenile, moved the bail
application before the Juvenile Board Dehradun, which
was rejected vide order dated 24.05.2021. Aggrieved by it,
the revisionist preferred Criminal Appeal No.46/2021
before the Special Judge, POCSO, which was also
dismissed vide judgment and order dated 11.06.2021.
Hence this revision.
5. Admittedly, the revisionist was below about 15
years at the time of the incident. From a perusal of the
order passed by the Board, it appears that the sole ground,
on which the bail was denied, is that the revisionist may
again commit an offence. In the present case, the bail has
been dismissed considering the gravity of offence alleged to
have been committed by the revisionist.
6. Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 deals with bail to a child
in conflict with law which reads as under:-
"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 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 subsection (1) by the
officer-in-charge of the police station, such officer
shall cause the person to be kept only in an
observation home in such manner as may be
prescribed until the person can be brought before a
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
fulfill 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."
7. A plain reading of Section 12(1) of the Act reveals
that, any person, who is apparently a child, shall be
entitled to 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. The distinction between bailable
or non-bailable offence has been done away with in respect
of a juvenile. In other words, every juvenile is entitled to be
released on bail except in circumstances where his/her
release will bring him/her into association with any known
criminal or expose him/her to moral, physical or
psychological danger or that his release would defeat the
ends of justice. As per the Section 2 (12) of the Act, 'child'
means a person who has not completed eighteen years of
age."
8. Admittedly, the revisionist was below about 15
years of age at the time of incident. As per Section 12 of
the Act, the bail can be refused if there appears reasonable
ground for believing that the release is likely to bring that
person into association with any known criminal. The
word 'known' has not been used by the Parliament without
purpose. By use of the word 'known', the Parliament
requires that the Court must know the full particulars of
the criminal with whom the delinquent is likely to come
into association. In the case in hand, there is no such
evidence on record regarding the same; both the impugned
orders are silent about it; the bail of the delinquent was
rejected simply on the ground that the offence is heinous in
nature while Section 12 of the Act is silent about it.
9. In such view of the matter, this Court has no
hesitation in holding that the Courts below had erred in
law in not releasing the juvenile on bail.
10. As a result, the Criminal Revision is allowed. The
orders, under challenge, are set aside. The juvenile in
conflict with law (revisionist) shall be enlarged on bail in
the aforesaid crime on furnishing two sureties and personal
bond of Rs.50,000/- to be executed by the mother of the
revisionist to the satisfaction of the Juvenile Justice Board
/Court concerned. It is further directed that the custody of
the juvenile/revisionist shall be given to his mother. The
mother of the revisionist will file an affidavit, along with a
personal bond, to the effect that during trial, the juvenile
shall remain in her custody and control, and will produce
the juvenile every two months before the concerned
Juvenile Board. The date of appearance shall be fixed by
the concerned board which shall be duly informed to the
revisionist for his appearance.
11. All pending applications stand disposed of.
(R.C. Khulbe, J.)
24.08.2021
BS
