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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Vikram Kumar – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Sanjay Prasad, J.
Both the Criminal Revision Application i.e. Cr. Revision No. 1182 of 2024 and Cr. Revision No. 1167 of 2024 are arising out of the common judgment dated 23.09.2024 passed by Sri Onkar Nath Choudhary, learned Additional Session Judge-I (Children Court), Hazaribagh in Criminal Appeal (Juvenile) No. 53 of 2024 and as such, both the cases are being heard together and are being disposed of together by this common judgment.
2. Both the Criminal Revision i.e. Cr. Revision No. 1182 of 2024 and Cr. Revision No. 1167 of 2024 have been filed on behalf of the Juvenile petitioners by challenging the common judgment dated 23.09.2024 passed by Sri Onkar Nath Choudhary, learned Additional Session Judge-I (Children Court), Hazaribagh in Criminal Appeal (Juvenile) No. 53 of 2024 by which the appeal filed on behalf of the Juvenile petitioners has been dismissed thereby, affirming the order dated 25.07.2024 passed by learned Principal Magistrate, Juvenile Justice Board, Hazaribagh in connection with Sadar P.S Case No. 117 of 2024, G.R Case No. 1690 of 2024 for the offence under Section 392 of I.P.C and Section 27 of ARMS ACT by which the prayer for bail on behalf of the Juven
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....
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.
A juvenile-petitioner should be granted bail when a co-accused is similarly granted bail, unless exceptional circumstances dictate otherwise.
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.
Point of law: Thus it is law that a bail application of a juvenile can be rejected only :-(i) If there appears reasonable ground for believing that the release is likely to bring the juvenile into as....
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.
Point of law: A perusal of the said provision show that bail for a juvenile, particularly, one who is under the age of 18 years, is a matter of course and it is only in the event that his case falls ....
Indian Penal Code, 1860 - Sections 452, 392, 364, 376-D, 506 - POCSO Act, 2015 - Section 5G, 6, 12, 18(1)(g) – Criminal Procedural Code, 1973 - Section 161, 164 – Gang Rape – Kidnapping or abducting ....
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