The High Court allowed the criminal revision and set aside the impugned order rejecting bail for a juvenile petitioner accused of theft, directing his release on bail with his father as a surety.
Petitioner released on bail of Rs. 10,000 with two sureties of the like amount, one being the father; impugned order set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 286 of 2021
Nitish Kumar @ Nitesh Kumar … … Petitioner Versus The State of Jharkhand … … Opp. Party --- ON’BLE MR. JUSTICE RAJESH KUMAR --For the Petitioner : Mr. Sunil Singh, Adv. For the State : APP ---
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.
03/22.06.2021:
Defect pointed out by the office is ignored.
The instant application has been filed against the order dated 13.04.2021 passed by learned Additional Sessions Judge-1st , Bokaro, in Criminal Appeal No. 14 of 2021, by which the prayer for bail of the petitioner has been rejected in connection with Chas P.S. Case No.2 of 2021 (G.R. No.309 of 2021) registered for the offence under Sections 380 and 411 of the Indian Penal Code and the same is presently pending in the court of Learned Principal Magistrate, Juvenile Justice Board, Bokaro.
It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 09.01.2021. Investigation is complete and the petitioner is ready to co-operate with the trial. It has been further submitted that there is allegation of theft in the dwelling house by this juvenile-petitioner and the FIR has been lodged after 21 days’ delay and the father of this juvenile-petitioner is Pairvikar and he is ready and willing to maintain and take proper care of the petitioner and in view of above fact, prayer for release has been made.
On the other hand, learned A.P.P. for the State has opposed the prayer for
bail.
Considering the nature of allegation and the fact that the father is ready and willing to maintain and take proper care of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the court of Principal Magistrate, Juvenile Justice Board, Bokaro, in connection with Chas P.S. Case No.2 of 2021 (G.R. No.309 of 2021), subject to condition that one of the bailor must be the father of this petitioner.
Accordingly, instant criminal revision is allowed and the impugned order dated 13.04.2021 passed by learned Additional Sessions Judge-1st , Bokaro, in Criminal Appeal No. 14 of 2021 is, hereby, set aside.
(Rajesh Kumar, J.)
Ravi/
2 issues framed by the court
Whether the juvenile petitioner should be released on bail pending trial for theft of a dwelling house.
Whether to set aside the order rejecting the bail application in the criminal appeal.
1 provisions across 1 enactments
Nitish Kumar @ Nitesh Kumar
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
