IMPORTANT POINT
The court emphasized that the bail application of a juvenile must be considered under different parameters, focusing on the absence of specific evidence linking the juvenile to the alleged crime.

JUDGMENT :

SUBHASH CHAND, J.

1. The present criminal revision has been preferred against the order dated 29.09.2023 passed by the learned Additional Sessions Judge-I Giridih in Cr. Misc. Appeal No. 85 of 2023, whereby and whereunder, the learned appellate court refused to interfere with the order dated 26.08.2023 passed by the learned Principal Magistrate, Juvenile Justice Board, Giridih in connection with Bengabad P.S. Case No. 172 of 2023, wherein the prayer for bail of the petitioner has been rejected.

2. The brief facts leading to this Criminal Revision are that the FIR of this case was lodged by Shashi Singh, Officer-in-charge of Bengabad Police Station with these allegations that on 04.08.2023 at 13:30 O’clock, he had received secret information that in village Bansjor some cyber criminals were duping the persons of general public. On this very information, the Officer-in-charge of police station concerned reached at the indicated place along with the police force and found six persons. Out of them, four were managed to flee away and two were apprehended. It is further alleged that out of two apprehended persons, one was the petitioner and from his possession, two mobile phones and two SIM cards were recovered. It is also alleged that the four persons, who have managed to flee away, their mobile phones were also recovered from the place of occurrence. On interrogation, it was told by the apprehended persons that they deceived the persons of general public and obtained the QR code on WhatsApp and get the demand. The apprehended petitioner said that he along with other associates was involved in commission of the cybercrime.

3. The bail application of the petitioner was rejected by the learned J.J. Board concerned and the same was affirmed by the learned Appellate Court dismissing the appeal on the ground that the release of the petitioner would expose him to psychological, physical or moral danger and he would come in association of known criminals.

4. Aggrieved from the impugned judgment, the instant Criminal Revision has been preferred on the ground that both the learned Courts below have not taken into consideration that there was nothing adverse against the petitioner-CCL in his Social Investigation Report.

5. It is submitted by the learned counsel for the petitioner that the mobile phones along with SIM cards which were recovered from the petitioner was never used in commission of cyber crime against any person, as such, the impugned order passed by the learned Courts below are based on erroneous finding.

6. The learned APP for the State opposed the contentions made by the learned counsel for the petitioner.

7. It is the settled law that the bail application of a juvenile is to be disposed of in view of the proviso of Section 12 of the J.J. Act. The parameters for disposal of the bail application of a juvenile are altogether different to that of regular bail application under Section 437 of the Code of Criminal Procedure. It is also the settled law that while disposing of the bail application of a Juvenile the gravity or nature of the offence cannot be taken into consideration. It is also the settled law that ordinarily the bail application of a Juvenile should be allowed unless and until there are exceptional circumstance as laid down under proviso of Section 12 of Juvenile Justice Act which reads as under:

“Section 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 abailable 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 (2 of 1974) 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