Guddu Kumar Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.881 of 2019 Arising Out of PS. Case No.-368 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Guddu Kumar Gond Son of Late Mahabir Gond Resident of Village - Balua, P.S.- Ara Mufassil, Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dineshwar Mishra, Advocate For the Respondent/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-01-2020 By means of this revision application, the petitioner has questioned the legality of the order dated 15.06.2019 passed by the learned 1st Additional Sessions Judge, Bhojpur at Ara in Cr. Appeal No. 21 of 2019 arising out of Ara Muffasil P.S. Case No. 368 of 2018, whereby and whereunder the appeal, affirming the order dated 12.03.2019/26.03.2019, passed by the J.J.B., Ara in connection with J.J.B. Case No. 1487 of 2019 arising out of Ara Muffasil P.S. Case No. 368 of 2018 (G.R. No. 5194 of 2018) registered under sections 302, 120(B)/34 of the Indian Penal Code, by which prayer for bail of the petitioner has been rejected.
Learned counsel for the petitioner submits that the orders passed by both the Courts below are illegal and arbitrary. Both the Courts below have not considered the provisions of
Patna High Court CR. REV. No.881 of 2019(4) dt.07-01-2020 2/3 section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in its true spirit. It is further submitted that there is nothing in the report of the Child Welfare Police Officer to indicate that after being released on bail, there is likelihood of the petitioner coming into association with any known criminal or his release would expose him to moral, physical or psychological danger or his release would defeat the ends of justice. It is settled law that gravity of offence will not be considered while deciding bail application of a juvenile. Further, the petitioner is innocent and has falsely been implicated in the present case. Petitioner is in custody since 26.12.2018.
Having heard the submissions advanced on behalf of the parties and considering the facts and circumstances of the case and the report of the Child Welfare Police Officer as also taking into consideration the welfare of the petitioner with a hope that he may recover himself after being released on bail, this Court feels it expedient in the interest of justice that his prayer for bail be allowed.
In view of the discussions made above, this revision application is allowed. Both the impugned orders passed by the Juvenile Justice Board as well as Lower Appellate Court are, hereby, quashed and the petitioner, above named, is
Patna High Court CR. REV. No.881 of 2019(4) dt.07-01-2020 3/3 directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Ara in connection with Ara Muffasil P.S. Case No. 368 of 2018 corresponding to J.J. Board Case No. 1487 of 2019, subject to the condition that mother of the petitioner will take care of his education and betterment and will not allow him to indulge in any criminal activity and will keep constant check on his activities. Both the sureties are directed to be close relatives of the petitioner.
(Arvind Srivastava, J) S.Katyayan/- U T