Arjun Tana Bhagat Vs the State of Jharkhand

2. This criminal revision has been preferred against the order dated 28.05.2025 passed in Criminal Appeal No.33 of 2025 by the learned Additional Sessions Judge-I-cum-Special Judge (Children Court) Civil Court, Lohardaga and against the order dated 16.04.2025 passed by learned Magistrate, Juvenile Justice Board, Lohardaga in connection with Senha PS Case No.65 of 2024 corresponding to G.R. Case No.99 of 2025 by which the bail application filed by the petitioner has been rejected by both the Courts.

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3. Learned counsel for the petitioner submits that the petitioner is juvenile aged about 17 years and he is being represented by his mother. He submits that the petitioner has already been declared juvenile by learned Principal Magistrate, Juvenile Justice Board, Lohardaga. He submits that the petitioner is

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in remand home since 03.08.2024. He further submits that only on the judicial confession of the co-accused the name of the petitioner has come and the petitioner has got no criminal antecedent as disclosed in paragraph No.17. He submits that the mother is ready to give any undertaking to the effect that she will keep the petitioner in good behaviour and character and in future will prevent him from associating with any known criminal and from associating with any known criminals and from exposing him to moral, physical or psychological danger. On these grounds, he submits that the bail application of the petitioner may kindly be allowed.

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4. Learned counsel appearing for the State opposes the prayer and submits that the case is arising under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 and in view of that prayer for bail of the petitioner may kindly be rejected.

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5. It has been pointed out that the petitioner is juvenile that is not in dispute and the petitioner is being represented by his mother and she is ready to give any undertaking that she will take care of the child and she will not allow him to expose to moral, physical or psychological danger and the petitioner is in remand home since 03.08.2024.

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6. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, deals with bail to juveniles. On perusal of Section 12 of the J.J. Act, 2015, it is crystal clear that Section 12 of

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the Act overrides the bail provisions as contained in the Criminal Procedure, 1973 or any other law for time being in force. It is further crystal clear that bail to the juvenile is a rule and refusal of the same is an exception and juvenile can be denied bail only on the following three grounds :

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(i) if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal, or

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(ii) expose the said person to moral, physical or psychological danger, or

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(iii) the person’s release would defeat the ends of justice.

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7. In light of Section 12 of the said Act, it also transpires that

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seriousness of the alleged offence or the age of the juvenile are also no relevant consideration for denial of bail above 16 years of age and even in the alleged crime the bail can be granted.

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8. It transpires that the learned Trial Court and the learned Appellate Court have been pleased to reject the bail application considering the gravity of the crime, however, the other aspects have not been considered and in view of that the Court finds that the reasons assigned by learned both the Courts are not a sound ground.

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9. In the absence of any materials or evidences of reasonable grounds, it cannot be said that his release would defeat the ends of justice and the learned Courts have failed to give reasons on three contingencies for declining the bail to the revisionist. In that view of

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the matter the order dated order dated 28.05.2025 passed in Criminal Appeal No.33 of 2025 by the learned Additional Sessions Judge-I-cum-Special Judge (Children Court) Civil Court, Lohardaga and the order dated 16.04.2025 passed by learned Magistrate, Juvenile Justice Board, Lohardaga in connection with Senha PS Case No.65 of 2024 corresponding to G.R. Case No.99 of 2025 are not sustainable in the eye of law, hence both the orders are hereby set aside and the present criminal revision is allowed.

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10. Let the revisionist who is in observation home since 03.08.2024 be released on bail via assurance and surety given by his natural guardian/mother, in connection with Senha PS Case No.65 of 2024 corresponding to G.R. Case No.99 of 2025, registered under Sections 103(1), 238(a) and 3(5) of Bharatiya Nyaya Sanhita, 2023 after furnishing a personal bond on his mother (Fagan Tana Bhagat) with two sureties of his relatives each in the like amount to the satisfaction of Juvenile Justice Board, Lohardaga, subject to the following conditions:

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(i) Natural guardian/mother will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the mother will ensure that the juvenile will not repeat the offence.

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(ii) Natural guardian/mother will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be

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encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

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(iii) Juvenile and natural guardian/mother will report to the Probation Officer on the first Monday of every calendar month commencing with the first Monday of September, 2025, and if during any calendar month the first Monday falls on a holiday, then on the following working day.

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(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Lohardaga, on such a periodical basis as the Juvenile Justice Board may determine.

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11. This criminal revision petition is allowed and disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Sangam/

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Criminal Revision No. 813 of 2025

Arjun Tana Bhagat v. the State of Jharkhand

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Arjun Tana Bhagat v. the State of Jharkhand

Case brief

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