RANCHI, India, Sept. 12 -- Jharkhand High Court issued the following order on Aug. 12:

1. Heard Mr. Ashok Kumar Singh, learned counsel appearing for the petitioner and Mrs. Amrita Kumari, learned counsel appearing for the State.

2. This criminal revision petition has been filed for setting-aside the order dated 09.05.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Godda in M.C.A. No.1210/2025 arising out of Godda (T) P.S. Case No.288/2024, whereby, the learned Court has been pleased to reject the prayer for bail of the petitioner. The further prayer is made for setting-aside the order dated 24.06.2025 passed by the learned Additional and Sessions Judge-I, Godda in Criminal Appeal No.13/2025, whereby, the learned Court has been pleased to affirm the order passed by the learned Principal Magistrate, Juvenile Justice Board, Godda in connection with Godda (T) P.S. Case No.288/2024 arising out of inquiry no.138/2025.

3. Learned counsel appearing for the petitioner submits that the petitioner is a juvenile and he has got no criminal antecedent, which has also been recorded in the impugned order. He further submits that the petitioner is in custody since 31.12.2024. He also submits that one co-accused, who is not a juvenile, has been granted regular bail by the Coordinate Bench of this Court in B.A. No.1510 of 2025. He further submits that Social Investigation Report is in favour of the petitioner and in spite of that, the learned Court has been pleased to reject the prayer for bail of the petitioner only on the ground that he was arrested from the place of occurrence.

4. Learned counsel for the State opposed the prayer, however, the fact of granting regular bail to one of the co-accused is not being denied by the learned counsel for the State.

5. The gravity of allegation has not been properly appreciated and the mandatory provision of Section 12 of Juvenile Justice 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 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 heinousness of the offence.

6. In view of the above, the order dated 09.05.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Godda in M.C.A. No.1210/2025 arising out of Godda (T) P.S. Case No.288/2024 arising out of inquiryno.138/2025 and the order dated 24.06.2025 passed by the learned Additional and Sessions Judge-I, Godda in Criminal Appeal No.13/2025 are not sustainable in the eye of law and, hence, both the orders are, hereby, set-aside and the present criminal revision is allowed.

7. Let the revisionist who is in observation home since 31.12.2024 be released on bail via assurance and surety given by his natural guardian/father, in connection with Godda (T) P.S. Case No.288/2024 arising out of inquiry no.138/2025, registered under Sections 317(5), 3(5) of the Bharatiya Nyaya Sanhia, 2023 and Section 25(1-B)a, 26, 35of the Arms Act after furnishing a personal bond on his father (Rajesh Singh) with two sureties of his relatives each in the like amount to the satisfaction of Juvenile Justice Board, Godda, 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;

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x6VOs2Czm0bsagYXah3WQLE5yQLv2%2FcQhP0L8VC9lz8%2F&caseno=Cr.Rev./755/2025&cCode=1&cino=JHHC010245382025&state_code=7&appFlag=)

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