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 integrity in serious criminal cases.

JUDGMENT :

Sanjay Prasad, J.

This Criminal Revision has been filed on behalf of the juvenile petitioner challenging the judgment dated 14.12.2023, passed by Shri Rajesh Kumar Singh, learned Special Judge, Child Act Cases-cum-Additional Sessions Judge-I, Chatra in Criminal (Juvenile) Appeal No. 29 of 2023, by which Appeal has been dismissed by rejecting the prayer for bail of the juvenile-petitioner and the Appellate Court has affirmed the Order dated 22.08.2023, passed by the Principal Magistrate and Members of the Juvenile Justice Board, Chatra in Miscellaneous Criminal Appl. No. 2572 of 2023, by which prayer of bail of the petitioner was rejected in connection with Rajpur P.S.Case No. 25 of 2023 instituted for the offence under Section 302 , 201, 120(B), 34 of I.P.C.

2. Heard Mr. B.K. Dubey, learned counsel for the petitioner and Mrs. Shweta Singh, learned A.P.P. on behalf of the State.

3. Learned counsel for the petitioner has submitted that the judgment and order passed by the learned Appellate Court below and the Principal Magistrate and Members of the Juvenile Justice Board, Chatra are illegal, arbitrary and not sustainable in the eye of law. It is submitted that the juvenile petitioner is innocent and has not committed any offence. It is submitted that the petitioner has been implicated in this case on the basis of confessional statement of the co- accused, namely Rohit Kumar Rana. It is submitted that there is no eye witness of the alleged occurrence and the petitioner has been arrested on mere suspicion and no one has seen the deceased with the petitioner. It is submitted that due to ulterior motive the motor cycle was seized from the house of other accused though the motor cycle has absolutely no concern with the alleged crime. It is submitted that the finding of the Juvenile Justice Board, Chatra that the boy is under influence of Peer group and bad companies is based on no material. It is submitted that the petitioner has not confessed his guilt, rather the police had taken signature of the petitioner on certain blank papers and which have been used on the confessional statement of the juvenile in question. It is submitted that Guardian of the juvenile petitioner will take proper care of the juvenile petitioner and they are ready to give undertaking that the father of the juvenile petitioner will produce the juvenile petitioner as and when his presence is required in the Court. It is submitted that the father of the petitioner will not allow the juvenile petitioner to mix with the criminals. It is submitted that the learned Appellate Court has merely dismissed the appeal on technical grounds. It is submitted that the co- accused Rohit Kumar Rana has been enlarged on bail by the Co-Ordinate Bench (Hon’ble Mr. Justice Ambuj Nath) of this Court vide order dated 05.01.2024 passed in B.A. No.10581 of 2023 and has produced the Web copy of the same order.

Let it be kept on record.

It is submitted that the juvenile-petitioner is in custody since 04.04.2023, hence the juvenile petitioner may be enlarged on bail.

4. On the other hand, learned A.P.P. has opposed the prayer for bail. It is submitted that the juvenile petitioner is the main accused of this case and the petitioner has also assaulted the deceased-Vishnu Kumar. It is submitted that the petitioner has confessed his guilt, which is mentioned at Paragraph 63 of the Case Di