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Judgment
Samir J. Dave, J
By way of present application preferred under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 as well as under Sections 397 and 401 of Cr.P.C., the applicant prayed to release him on regular bail in connection with the FIR being C.R. No.I/11191039211516 of 2021 registered with Sabarmati Police Station, District-Ahmedabad for the offence punishable under Section 377 of the Indian Penal Code and Sections 3a, 4, 5(M), 7, 8, 11(5), 12 of the POCSO Act.
Heard learned advocate for the applicant and learned APP for the respondent-State.
Learned advocate for the applicant submits that applicant is aged about 17 years, innocent and falsely implicated as an accused in the present offence. It is submitted that the applicant came to be taken into custody and was taken to the Remand Home for Children on 29.07.2021. Thereafter, the applicant-original accused had preferred an application before the Juvenile Justice Board for Bail and the said application was rejected. Thereafter, the applicant preferred Criminal Appeal No. 191 of 2021 before the learned Additional Sessions Judge, Children Court, Court No. 2, Ahmedabad City and the said Criminal Appeal came to be rejected vide Judgment dated 06.10.2021. Hence, the applicant is before this Court.
3.1. Learned advocate for the applicant submits that an affidavit of respondent No.3 dated 05.04.2022 is produced at page 28 of the compilation, stating that due to intervention of the relatives, a settlement has been arrived and that the complainant has no grievance or prejudice, if the accused is released on bail. The complainant do not want to continue with the proceedings against the applicant-juvenile and he wants to withdraw the case against the Minor-applicant.
Learned APP appearing for the respondent-State has strongly objected the submissions made by learned advocate for the applicant and submitted that it is a clear case of Section 377 of the I.P.C. as well as POCSO. Hence, considering the seriousness of the offence, learned APP appearing for the respondent-State has requested to dismiss the present application
Having heard learned advocate for the applicant and learned APP appearing for the respondent-State, it appears from the FIR that it is alleged that the applicant-juvenile has committed an unnatural offence with the son of the complainant on 06.07.2022. That the applicant came to be taken into custody and was taken to the Remand Home for children on 29.07.2021. It appears from the affidavit of the respondent No.3 dated 05.04.2022, the matter is settled between the parties due to intervention of the relatives and that the complainant has no grievance or prejudice, if the accused is released on bail.
Here, this Court would like to refer Section 12 of the Juvenile Justice (Care and Protection) of Children Act, 2015 which provides as under:
(1) When any person, who is apparently a child and is a 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 person.
Provided that such person shall not be 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.
From the record, it appears that settlement has been arrived at between the parties and the complainant do not want to continue with the proceedings against the applicant-juvenile and he wants to withdraw the case against the Minor-applicant. Considering the age of the present applicant at 17 years, prayer made by the applicant requires consideration.
Accordingly, present application is hereby allowed. The impugned judgment and order dated 06.10.2021 passed in Criminal Appeal No.191 of 2021 by learned Additional Sessions Judge, Children Court, Court No. 2, Ahmedabad City shall be quashed and set aside.
The applicant is ordered to be released on regular bail in connection with an FIR being C.R. No.I/11191039211516 of 2021 registered with Sabarmati Police Station, District-Ahmedabad, subject to the conditions that the applicant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] furnish latest and permanent address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the learned Sessions Court concerned;
[f] not to enter the area of Sabarmati Police Station;
The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extent.
This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.