X (Child In Conflict With Law/Female) vs State Of Uttarakhand & Another

Alok Kumar Verma, J

Present Criminal Revision has been filed against the judgment dated 13.06.2023, passed by learned District and Sessions Judge, Haridwar in Criminal Appeal No. 69 of 2023, whereby, learned Appellate Court has dismissed the Appeal and affirmed the order dated 30.05.2023, passed by Juvenile Justice Board, Haridwar, by which, the Board had rejected the bail application of the revisionist, filed through her mother under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short, “Act, 2015”) in respect of Case Crime No. 222 of 2022, registered at police station SIDCUL, District Haridwar.

Present Criminal Revision has been filed by the revisionist through her mother.

Heard Mr. Gaurav Singh, learned counsel for revisionist and Mr. Pramod Tiwari, learned Brief Holder for the State.

Admit.

As per the prosecution case, the revisionist took the victim, a major girl, to a room, where co-accused persons committed rape on her. Later, the victim was sold.

Learned counsel appearing for the revisionist contended that the revisionist, aged about 17 years, has been falsely implicated in the present matter. In Sessions Trial No. 271 of 2022, which is pending against the major co-accused persons, the alleged victim (PW1) has not supported the case of the prosecution and she has turned hostile. A co-accused (major) was granted bail by the District and Sessions Judge, Haridwar. Revisionist is detained in the observation home since 15.05.2023.

Learned counsel for the State has opposed the Revision. However, he has fairly conceded that the victim did not support the case of the prosecution.

Undoubtedly, the revisionist was juvenile at the time of the alleged offence. Section 12 of the Act, 2015, deals with bail to juvenile, which reads as under:-

“Section 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 (2 of 1974) 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 sub-section (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 fulfil 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.“

Having considered the submissions of learned counsel for the parties, this Court is of the view that the present Revision may be allowed.

Consequently, the present Revision is allowed. The order dated 30.05.2023, passed by Juvenile Justice Board, Haridwar and judgment dated 13.06.2023, passed by learned Appellate Court are set aside.

Let the revisionist, who is detained in the observation home, be released on bail after furnishing a personal bond by her mother/natural guardian with two reliable sureties, each in the like amount, to the satisfaction of the Juvenile Justice Board, Haridwar with the condition that the mother/natural guardian of the revisionist will furnish an undertaking that upon release on bail, revisionist will not be permitted to come into contact with any known criminal.