A juvenile-petitioner should be granted bail when a co-accused is similarly granted bail, unless exceptional circumstances dictate otherwise.

ORDER :

SANJAY PRASAD, J.

The present Criminal Revision No. 1067 of 2024 has been filed on behalf of the juvenile-petitioner under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 challenging the judgment dated 27.07.2024 passed by learned Additional Sessions Judge-I-cum-Children’s Court, Hazaribagh in Criminal Appeal No. 41 of 2024 whereby learned Additional Sessions Judge-I-cum-Children’s Court, Hazaribagh has dismissed the appeal and rejected the prayer for bail of the juvenile- petitioner and affirmed the order dated 10.06.2024 passed by the learned Principal Magistrate and the Members of Juvenile Justice Board, Hazaribag in connection with Barhi P. S. Case No. 94 of 2024 instituted for the offences under Sections 302 and 201 of the Indian Penal Code, by which prayer for bail of the juvenile-petitioner was rejected.

2. Heard learned counsel for the juvenile-petitioner and learned counsel for the State.

3. It is submitted by the learned counsel for the juvenile-petitioner that the judgment and order passed by the learned Courts below are illegal, arbitrary and not sustainable in the law. It is submitted that the petitioner is a juvenile and has been falsely implicated in this case. It is submitted that the co accused Deepak Kumar Gupta @ Deepak Kumar, who was having consensual relationship with the deceased girl has been granted bail vide order (Hon’ble Mr. Justice Ambuj Nath) of this Court and the name of this juvenile –petitioner and other juvenile namely Tinkul Kumar has come on the basis of confessional statement of co accused Deepak Kumar Gupta @ Deepak Kumar. It is submitted that the juvenile-petitioner is in custody since 14.05.2024 and as such, he may be enlarged on bail.

4. On the other hand, learned counsel for the State has opposed the prayer for bail and has submitted that the juvenile-petitioner is also involved in committing the murder of the deceased girl and as such, prayer for bail of the juvenile-petitioner may be rejected.

5. Heard learned counsel for the both the sides and perused the Lower Court Records of the case and the case diary and the Social Investigation Report of the petitioner and considered the submission of both the sides.

6. It appears that the co accused Deepak Kumar Gupta @ Deepak Kumar, who was having long consensual relationship with the deceased girl and the said Deepak Kumar Gupta @ Deepak Kumar had established physical relationship with the deceased girl on several occasions prior to lodging of the FIR.

7. It also appears from the record and the confessional statement of the co accused Deepak Kumar Gupta @ Deepak Kumarthat the said co accused Deepak Kumar Gupta @ Deepak Kumar had called Ashish Kumar i.e. this juvenile –petitioner and other juvenile namely Tinkul Kumar on the date of occurrence in the name of entertainment and where the co accused Deepak Kumar Gupta @ Deepak Kumar has committed murder of the said victim girl namely Afsana Praveen.

8. However, it further appears that the said co accused Deepak Kumar Gupta @ Deepak Kumar has already been granted bail vide Bench (Hon’ble Mr. Justice Ambuj Nath) of this Court.

9. It also appears that the juvenile-petitioner is in custody since 14.05.2024.

10. As the Co ordinate Bench (Hon’ble Mr. Justice Ambuj Nath) of this Court has granted bail to the main co accused Deepak Kumar Gupta @ Deepak Kumar, this Court is constraint to release this juvenile-petitioner, Ashish Kumar on bail. Accordingly, the juvenile-petitioner, Ashish Kumar is directed to be released on bail in care and supervision of his Natural Guardian and Father namely Dharmendra Mehta on furnishing bail bonds of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Hazaribagh/or his Successor Court in connection with Barhi P. S. Case No. 94 of 2024 subject to condition that the father of the juvenile-petitioner will submit his mobile number and self attested