Single-judge bench allowed criminal revision and quashed an order rejecting juvenile bail. The court directed release of the juvenile petitioner on a ₹10,000 bond with two sureties, one being his father, based on completed investigation.
Petitioner released on bail with Rs. 10,000 bond and two sureties; impugned order set aside.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 775 of 2020 Abhay Bharadwaj @ Abhay Giri … … Petitioner Versus The State of Jharkhand … … Opp. Party
--- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR --For the Petitioner : Mr. Ankit Kumar, 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.
05/08.07.2021:
Heard the parties.
The instant application has been filed against the order dated 04.03.2020 passed by learned 1st Additional Sessions Judge, Deoghar, in Criminal (Juvenile Bail) Appeal No. 12 of 2020, by which the prayer for bail of the petitioner has been rejected in connection with Deoghar (T) P.S. Case No.377 of 2019 (G.R. No.472 of 2019) corresponding to Enquiry No.127 of 2019, registered for the offence under Sections 25 (1-B) (a) and 26 of the Arms Act and Section 387, 323, 504, 506 and 120B of the Indian Penal Code and the same is presently pending in the court of Learned Principal Magistrate, Juvenile Justice Board, Deoghar.
It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 06.09.2019. Investigation is complete. The petitioner has approached this Court through his father, who is ready to keep the juvenile in his custody and willing to maintain and take proper care of the petitioner. It has been alleged that this juvenile petitioner along with other persons, have indulged themselves in demanding extortion. One of the juvenile from whom, pistol has been recovered, has been granted bail by the Co-ordinate Bench of this Court vide order dated 20.04.2020 passed in Cr. Revision No.350 of 2020 and on the above ground, 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 allegations and the willingness of the father 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, Deoghar, in connection with Deoghar (T) P.S. Case No.377 of 2019 (G.R. No.472 of 2019), 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 04.03.2020 passed by learned 1st Additional Sessions Judge, Deoghar, in Criminal (Juvenile Bail) Appeal No. 12 of 2020 is, hereby, set aside.
(Rajesh Kumar, J.)
Ravi/
3 issues framed by the court
Whether the petitioner, a juvenile in custody, should be released on bail given the completion of investigation and his father's willingness to undertake custody.
Whether the impugned order rejecting the juvenile bail prayer should be set aside.
What conditions should be imposed on the petitioner's bail including surety requirements.
2 provisions across 2 enactments
Abhay Bharadwaj
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
