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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Sanjay Prasad, J
Dablu Das @ Dablu Kumar – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
This Criminal Revision Application has been filed on behalf of the juvenile petitioner challenging the judgment dated 24.06.2024, passed by Shri Rajeev Ranjan, learned Addl. Sessions Judge-1- cum-Children Court, Deoghar in Criminal (Juvenile Bail) Appeal No. 31 of 2024, by which prayer for bail of the petitioner has been rejected by affirming the order dated 31.05.2024, passed by the In-Charge Principal Magistrate & Members of Juvenile Justice Board, Deoghar, in connection with Cyber P.S. Case No.17 of 2024 corresponding to Inquiry No. 174 of 2024 instituted for the offence under Section 419, 420, 467, 468, 471, 120B of the I.P.C. and Sections 66(B), (C), (D), 84(C) of the I.T. Act, by which the prayer for bail of the petitioner has been rejected.
2. Heard Mr. Rahul Ranjan, learned counsel for the juvenile-petitioner and Mr. Shailesh Kr. Tiwari, learned Spl.PP appearing for the State.
3. Learned counsel for the petitioner has submitted that altogether Seven persons including this juvenile petitioner, namely Dablu Kumar were apprehended by the Police on 20.02.2024. The name of Six other persons, as disclosed in the F.I.R. are Dhananjay Kr. Das, Nityanand Das
The principle of parity allows for the grant of bail to a juvenile when co-accused in the same case have been granted bail.
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.
A juvenile-petitioner should be granted bail when a co-accused is similarly granted bail, unless exceptional circumstances dictate otherwise.
The court affirmed that substantial evidence, including confessions and witness testimonies, justified the denial of bail for a juvenile accused of murder, emphasizing the importance of maintaining i....
The court emphasized the importance of a juvenile's social investigation report and the duration of custody in bail decisions, granting bail based on the absence of adverse findings.
Juvenile bail applications require careful judicial consideration, especially where no direct evidence ties the accused to the crime, supporting the importance of supervision and care in their releas....
Bail to juveniles under JJ Act Section 12 is rule; denial only on three specific grounds, not offence seriousness or age, emphasizing rehabilitation over punishment.
Juveniles accused of serious crimes are entitled to favorable consideration for bail under the Juvenile Justice Act, reflecting their minor status and the necessity for a lenient approach.
Bail for juveniles in serious offenses requires exceptional circumstances; mere similarity to other cases is insufficient for discharge.
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