Akhilesh Kumar vs State of C.G.

Sunil Kumar Sinha, J.—Heard.

These are the two bail applications filed u/s 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 154/2005, registered at Police Station -Nevai, District - Durg (C.G.) for the offence punishable u/s 379/34 of the IPC and Section 41(1-4) of the Code of Criminal Procedure.

The facts of the case, as stated by learned Counsel for the State, is that one Hero Honda Motorcycle bearing registration No. BR-IR-7828 was stolen by the co-accused - Ankit on 18-11-2004. The First Information Report was lodged on 21-11-2004. Ankit was taken into custody on 5-12-2005. Ankit gave memorandum that he had stolen the aforesaid Hero Honda Motorcycle and after changing its number plate, he was using the motorcycle and ultimately, he had handed over this motorcycle to the applicant - Akhilesh Kumar and Akhilesh Kumar handed over this motorcycle to the applicant - Satyendra Kumar. On investigation, the motorcycle was recovered from the possession of Satyendra Kumar on 5-12-2005. It appears that the applicants are the juvenile offenders and for this reason, their applications were earlier moved before the concerned Juvenile Board and when the same were rejected, an appeal u/s 52 of the Juvenile Justice (Care and Protection of Children) Act 2000 was filed before the Sessions Court and ultimately, the Sessions Court also rejected their appeal vide order dated 07-12-2005, passed in Criminal Appeal No. 386/2005.

Learned Counsel further submits that after rejection of the aforesaid appeal, an application u/s 439 of the Code of Criminal Procedure was filed before the Sessions Court and ultimately, the Sessions Court vide the impugned order dated 23-12-2005, passed in two different bail applications, dismissed the applications of these juvenile offenders, for which, these applications u/s 439 of the Code of Criminal Procedure are filed before this Court. A copy of the order dated 07-12-2005 passed in Criminal Appeal No. 386/2005 filed u/s 52 of the aforesaid Act is shown to this Court and the last part of the order would show that the appeal was dismissed by the Sessions Judge on the ground that the Juvenile Board has rightly dismissed the bail applications, holding that the release of the applicants would defeat the ends of justice. When the repeat prayer for bail was made before the Sessions Court, the Sessions Court dismissed the bail applications saying that since, earlier the appeal was dismissed by the Sessions Court, and only change in circumstance was that the charge sheet was filed, the applicants were not entitled to be released on bail. This approach made by the Sessions Court as well as the Juvenile Board does not appear to be reasonable.

If we examine the provisions of Section 12 of the Juvenile Justice (Care and protection of Children) Act, 2000, then, it makes it manifest that ordinarily the Board is under obligation to release the juvenile on bail with or without surety, but the juveniles shall not be so released in certain circumstances as the latter part of the Section also uses the word "shall" imposing certain mandatory conditions prohibiting the release of the juvenile by the Board. These conditions are as follows:

(i) if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal; or

(ii) expose him to moral, physical or psychological danger; or

(iii) that his release would defeat the ends of justice.

If we examine the order of the Sessions Court passed u/s 439 of the Code of Criminal Procedure or the Appellate Court order passed u/s 52 of the Act, it would appear that though the Juvenile Board has dismissed the bail applications of the juveniles on the ground that their release would defeat the ends of justice, but how their release would defeat the ends of justice has not been find out there. The unanswered order regarding finding of the above nature is not justified in view of the provisions of Section 12 of the aforesaid Act.

In the facts and circumstances of this case, particularly considering the circumstance that the applicants are juveniles and they are in jail since 5-12-2005 and they are reported to be the students of Class-XII and their practical examination is reported to be also in the month of January 2006, as stated by learned Counsel for the applicants, I am of the opinion, that present are the fit cases in which the applicants should be enlarged on bail.

Let the applicants be released on bail on furnishing a bond in sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the concerned Juvenile Board for their appearance before the said Board on each date of hearing till the disposal of the trial. The bail bond shall be furnished by the father/guardian of the applicants, as the case may be.

The certified copy of the order dated 07-12-2005 passed in Criminal Appeal No. 386/2005 produced during the course of hearing of this petition shall be kept in the records of M.Cr.C. No. 3395/2005.

Certified copy as per rules.