Uttarakhand High Court
A.T. (Minor) vs State Of Uttarakhand on 23 February, 2024
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No.69 of 2024
A.T. (minor) ...Revisionist
Versus
State of Uttarakhand ...Respondent
Present:-
Mr. Rajeev Pathak, Advocate, for the revisionist through
video conferencing.
Ms. Manisha Rana Singh, A.G.A. for the State.
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this revision is made to the order
dated 18.09.2023, passed in Bail Application No. 02 of
2023, by the Juvenile Justice Board ("the J J Board"),
Champawat, by which the bail application of the revisionist
has been rejected and order dated 16.01.2024, passed in
Criminal Appeal No. 42 of 2023, AT Vs. State of
Uttarakhand, by the Juvenile Court/Special Sessions
Judge, Champawat, District Champawat ("the appeal"),
whereby the appeal has been rejected and the bail rejection
order dated 18.09.2023 has been affirmed. The revisionist is
a Child-In-Conflict with Law ("the CIL"). He also seeks bail.
2. Heard learned counsel for the parties and
perused the record.
3. According to the FIR, on 28.11.2022, 2.985 Kg.
charas was recovered from the CIL.
4. Learned counsel for the CIL would submit that
the CIL is much poor; he has a family to look after him; his
father would take care of him. He would also submit that
though, he is resident of Nepal, they had their relations in
India; they stay just across the river in the State of Nepal.
5. Learned counsel for the CIL would submit that he
had spoken to the CIL in the observation home; he has
learnt drawing and he is learning English, but he wants to
join his family.
6. During the course of hearing, the father of the
revisionist, as identified by the learned counsel for the CIL
joined the proceedings through video conferencing and said
that the mother of the CIL is in much bad shape; she wants
to take care of her son. He would submit that the CIL is
innocent.
7. Learned State Counsel would submit that the CIL
is doing well in the observation home. She had also
interacted with him. But, she would submit that perhaps
there is no scope for formal education. She would submit
that the social investigation report is not bad.
8. It is a bail of a CIL. The bail in such matters is
governed by Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 ("the Act"). According to it,
notwithstanding anything contained in the Code of Criminal
Procedure, 1973, the CIL shall be released on bail in each
case, subject to certain riders. A CIL may be released on
bail, unless there are reasonable grounds to believe that it is
likely to bring the CIL into association to any known
criminal or expose him to moral, physical or psychological
danger or his release would defeat the ends of justice.
9. The Act ensures that the best interest of the child
is to be maintained. Section 3 of the Act lays down the
general principles, which are to be followed in the
administration of the Act. Presumption of innocence is one
of them. What is most important is principle of best interest
and principle of family responsibility. According to the
principle of family responsibility, the primary responsibility
of care, nurture and protection of the child shall be that of
the biological family or adoptive or foster parents, as the
case may be. The Court may not go into the reasons for
enacting such an Act. Understandably, it has been so
enacted so as to ensure proper and overall growth of a child
with dignity, affection and Care.
10. In the social investigation report, there is nothing
adverse against the applicant. The father of the CIL is a
farmer having a family. The family has no criminal history.
11. Having considered, the entirety of facts, this
Court is of the view that in this case, there is no impediment
in the grant of bail to the CIL. Accordingly, the revision
deserves to be allowed.
12. The revision is allowed. The judgment and orders
are set aside.
13. The CIL be given into the custody of his father
subject to production of two reliable sureties. The father of
the CIL shall also give an undertaking that he shall take
care of the CIL and shall not allow him to contact any of the
witnesses or their family members. The father of the CIL
shall also undertake that he shall also not contact either the
witnesses or any of their family members.
(Ravindra Maithani, J.)
23.02.2024
Jitendra
