Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN, J.
Kaushal Kumar S/o Avinash Kumar @ Mantu Singh – Appellant
Versus
The State Of Bihar – Respondent
Criminal Revision No.5 of 2023
Decided on : 12-04-2023
Bail - Juvenile Justice - The court granted bail to a juvenile based on the assurance of the father that he would take steps to reform his son and ensure his good behavior, including periodic visits to the Protection Officer.
Fact of the Case:
The petitioner, a juvenile, was involved in a criminal case and was in remand home. The petitioner's father assured the court that he would take care of his son and ensure he does not engage in such activities in the future.
Finding of the Court:
The court set aside the previous orders and granted bail to the petitioner based on the assurance of the father and the willingness to reform the juvenile.
Issues: The main issue was whether the juvenile should be granted bail considering the allegations and previous behavior.
Ratio Decidendi: The court considered the assurance of the father and the willingness to reform the juvenile as the basis for granting bail.
Final Decision: The criminal revision application was allowed, and the court granted bail to the petitioner based on the assurance of the father.
JUDGMENT :
1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The present criminal revision application has been filed for setting aside the order dated 08.12.2022 passed by Special Judge Children Court, Gaya in Juvenile Appeal No. 21 of 2022 as well as against the order dated 12.10.2022 passed by Principal Magistrate, Juvenile Justice Board, Gaya arising out of Buniyadganj P.S. Case No. 115 of 2022 under Sections 147, 148, 149, 323, 326, 307, 354, 379, 504 and 506 of the I.P.C. read with Section 27 of Arms Act.
3. Counsel for the petitioner submits that petitioner was declared juvenile. He further submits that there is an allegation against the petitioner of firing by pistol but said fire has caused on the left thigh. Counsel further submits that it is also true that there are other four criminal cases in which the petitioner is child in conflict with law but from the report, it transpires that the age of juvenile is 17 years 1 month and 20 days. Petitioner is in remand home with effect from 05.05.2022. Counsel further submits that petitioner’s father is ready to undertake that in future his son shall not involve in any such activities and he shall personally take care of his child. Counsel further submits that the other accused persons who are major have been granted bail by the Co-ordinate Bench of this Court. Counsel also submits that the social investigation report has come in which it has come that the case was filed against the petitioner at that very time he was in the company of bad persons, lack of discipline and his family members have also involved in the said occurrence. It has also come that he flew from the observation home and also quarreled in the observation home.
4. Counsel for the State submits that the presence of this petitioner in the observation home is a resulted into difficulty in maintaining the discipline but instead of every thing the presumption of innocence is in favour of petitioner and his father instead of all wrong in his son ready to accept it and also ready to undertake that his son shall not involve in any such activity and he shall take every possible steps to reform him including periodical visit before the Protection Officer. On the assurance of the father of the petitioner, this Court is inclined to grant bail to the petitioner. At the time of release from the observation home, the father shall file undertaking about behaviour and attitude his son as well as undertake that both father and son shall visit to the Protection Officer periodically twice in a month, with this guidelines the order dated 08.12.2022 passed by Special Judge Children Court, Gaya in Juvenile Appeal No. 21 of 2022 and order dated 12.10.2022 passed by Principal Magistrate, Juvenile Justice Board, Gaya arising out of Buniyadganj P.S. Case No. 115 of 2022 is hereby set aside.
5. Accordingly, the present Criminal Revision application is hereby allowed.
The willingness and assurance of the parent to reform the juvenile played a crucial role in the court's decision to grant bail.
The presumption of innocence and equity in favor of juveniles under the Juvenile Justice Act, coupled with the undertaking given by a responsible guardian, can influence the court's decision to relea....
The presumption of innocence in favor of the juvenile, the assurance provided by the juvenile's mother, and the potential for improvement in a positive environment influenced the court's decision to ....
The presumption of innocence and best interests standard governs bail considerations for juveniles in conflict with law, per Juvenile Justice Act.
The court considered the juvenile status, lack of criminal antecedent, and absence of recovery or allegation of using a firearm in granting bail to the petitioner.
The central legal point established in the judgment is the application of the principles of equality and fairness under Section 3 of the Juvenile Justice Act, 2015, in directing the release of a juve....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
