Dilawar @ Sonu vs State Of Uttarakhand

R.C. Khulbe, J

This criminal revision, preferred by the revisionist u/s 102 of Juvenile Justice (Care & Protection) of Children Act, is directed against the judgment

and order dated 15.09.2020 passed by the Juvenile Justice Board, Dehradun in Bail Application Crime No. 187/2020, State Vs. Dilawar @ Sonu as

well as the judgment and order dated 30.09.2020 passed by the Addl. Sessions Judge/FTC/Special Judge (POCSO) Dehradun in Crl. Bail Appeal

No.100/2020, Dilawar @ Sonu Vs. State.

Heard learned counsel for the parties.

Learned Counsel for the revisionist as well as learned Counsel for the State admitted that the revisionist is a juvenile who is involved in connection

with Crime No.187/2020 under Section 376 IPC and Sections 3/4 of the POCSO Act. The revisionist being a juvenile moved the bail application

before the Juvenile Board Dehradun, which was rejected vide its order dated 15.09.2020. Aggrieved by it, the revisionist preferred Criminal Bail

Appeal No.100/2020 before the learned Addl. Sessions Judge, which was also dismissed vide judgment and order dated 30.09.2020.

Admittedly, the revisionist was less than 18 years at the time of the incident. From a perusal of the order passed by the Board, it appears that the

sole ground on which the bail was denied is that the revisionist may again commit an offence. In the present case, the bail has been dismissed

considering the gravity of offence alleged to have been committed by the revisionist.

Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 deals with bail to a child in conflict with law which reads as under:-

“12. Bail to a person who is apparently a child alleged to be in conflict with law.-

(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the

police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any

other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care

of any fit person:

Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into

association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the

ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.

(2) When such person having been apprehended is not released on bail under subsection (1) by the officer-in-charge of the police station, such officer

shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.

(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place

of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

(4) When a child in conflict with law is unable to fulfill the conditions of bail order within seven days of the bail order, such child shall be produced

before the Board for modification of the conditions of bail.â€​

A plain reading of Section 12(1) of the Act reveals that, any person, who is apparently a child, shall be entitled to be released on bail with or without

surety or placed under the supervision of a probation officer or under the care of any fit person. The distinction between bailable or non-bailable

offence has been done away with in respect of a juvenile. In other words, every juvenile is entitled to be released on bail except in circumstances

where his/her release will bring him/her into association with any known criminal or expose him/her to moral, physical or psychological danger or that

his release would defeat the ends of justice. As per the Section 2 (12) of the Act, ‘child’ means a person who has not completed eighteen years

of age.â€​

Admittedly, the revisionist was less than 18 years of age at the time of incident. As per Section 12 of the Act, the bail can be refused if there

appears reasonable ground for believing that the release is likely to bring that person into association with any known criminal. The word

‘known’ has not been used by the legislature without purpose. By use of the word ‘known’, the Legislature requires that the Court must

know the full particulars of the criminal with whom the delinquent is likely to come into association. In the case in hand, there is no such evidence on

record regarding the same.

In such view of the matter, this Court has no hesitation in holding that the Courts below had erred in law in not releasing the juvenile on bail. Since

Mr. Asrat is the father of revisionist, accordingly, the juvenile in conflict with law can be given in his custody.

As a result, the Criminal Revision is allowed. The orders, under challenge, are set aside. The juvenile in conflict with law (revisionist) shall be

enlarged on bail in the aforesaid crime on furnishing two sureties and personal bond of Rs.30,000/- to be executed by the father of the revisionist to the

satisfaction of the Juvenile Justice Board /Court concerned. It is further directed that the custody of the juvenile/revisionist shall be given to his father.

The father of the revisionist will file an affidavit, along with personal bond, to the effect that during trial, the juvenile shall remain in his custody and

control.

The grant of bail to the revisionist shall be subject to the condition that his father will take the revisionist to the concerned Probation Officer once

in a month, and revisionist shall not leave the jurisdiction of the concerned Juvenile Board without its prior permission, and further, that the revisionist

shall not try to contact or influence the witnesses in any manner or tamper with the evidence. In case of any violation of these conditions, the

respondent-State will be at liberty to approach the Juvenile Board for cancellation of the bail of the revisionist.

All pending applications stand disposed of.