Animesh Xalxo @ A. Khalkho vs The State Of Jharkhand & Anr.

Heard Mr. B.M. Tripathi, the learned Senior counsel appearing on behalf of the petitioner as well as the learned counsel appearing on behalf of the respondent State.

This criminal revision petition has been directed against the order dated 31.07.2026 passed by learned Additional Judicial Commissioner-IV cum Special Judge, POCSO, Ranchi in Cr.Appeal No.224 of 2026 affirming the order dated 24.06.2026 passed by learned Juvenile Justice Board, Ranchi, passed in connection with Sadar P.S. Case No.189 of 2026, corresponding to POCSO (J) Case No.14 of 2026 whereby he has been pleased to refuse the prayer for bail for the offence punishable under sections 64(1) of BNS, 2023 and section 4 of POCSO Act as the juvenile/ petitioner is in observation home since 19.4.2026, and the case is pending before learned Principal Magistrate, Juvenile Justice Board, Ranchi.

Mr. B.M. Tripathi, the learned Senior counsel appearing on behalf of the petitioner submits that the petitioner was aged about 15 years and 5 months at the time of alleged occurrence and he next submits that the petitioner and the victim were studying in the same school and both were liking to each other and they were willing to marry and thereafter the allegations are made that this petitioner put vermilion on the head of the victim and has established physical relation. He next submits that the petitioner is being represented by his father (Anil Xalxo @ Anil Khalkho) and his father is ready to give undertaking to the effect that he will keep his son in good character and behaviour in future and he will prevent his son from being exposed to moral, physical or psychological danger and he will prevent his son from coming into the association of the known criminals. He next submits that he has been able to obtain the certified copy of the social investigation report and in course of the argument he has produced the same and by way of placing the same he submits that nothing adverse has come against the petitioner in the social investigation report. He next submits that in the said social investigation report, it is disclosed that the petitioner is a student and his behaviour is found to be good in the locality and only due to liking each other, such occurrence has taken place. The said certified copy of the social investigation report is taken on record and on these grounds, he submits that the bail may kindly be granted to the petitioner.

Learned counsel for the State opposes the prayer and submits that the allegation is there of establishing physical relationship on the pretext of marriage and further the learned courts have found that the petitioner will be exposed to moral, psychological and physical danger if released and on these grounds, he submits that the prayer for bail may kindly be rejected.

Admittedly, the petitioner was aged about was aged about 15 years and 5 months at the time of alleged occurrence and the social investigation report suggest that the behaviour of the petitioner is good in the locality and it has come that due to liking to each other such occurrence has occurred and it has also been submitted that this was the first offence and it has been recommended that he may be allowed to pursue his studies. The Court finds that the learned courts have been pleased to reject the prayer for bail of the petitioner/ juvenile on the ground that the petitioner will come into the contact of the known criminals.

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 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 (i) if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal, or (ii) expose the said person to moral, physical or psychological danger, or (iii) the person’s release would defeat the ends of justice.

From Section 12 of the said Act, it also transpires that 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 is alleged to have committed a heinous offence is also entitled to get bail under section 12 of the Act, 2015. There is no classification, whatsoever, provided in Section 12 of the Act, 2015 with regard to grant of bail. Section 12 of the Act is applicable to all juveniles in conflict with law without any discrimination of any nature. Section 12 of the Act is applicable to all juveniles in conflict with law without any discrimination of any nature.

The learned courts have come to the conclusion that the petitioner will come in contact with the known criminals however what is the basis of coming to such conclusion has not been disclosed in the order of the learned courts.

In the absence of any material or evidence 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. The finding recorded by the learned courts regarding coming into the contact with the criminals is only on suspicion whereas the social investigation report is otherwise and the conduct of the petitioner is found to be good one and he is a student.

Thus, order dated 31.07.2026 passed by learned Additional Judicial Commissioner-IV cum Special Judge, POCSO, Ranchi in Cr. Appeal No.224 of 2026 and the order dated 24.06.2026 passed by learned Juvenile Justice Board, Ranchi, passed in connection with Sadar P.S. Case No.189 of 2026, corresponding to POCSO (J) Case No.14 of 2026, pending before learned Principal Magistrate, Juvenile Justice Board, Ranchi are set-aside and the present criminal revision petition is allowed.

Let the revisionist who is in in observation home since 19.4.2026 be released on bail via assurance and surety given by his natural guardian/father (Anil Xalxo @ Anil Khalkho) in connection with Sadar P.S. Case No.189 of 2026, corresponding to POCSO (J) Case No.14 of 2026, pending before learned Principal Magistrate, Juvenile Justice Board, Ranchi, subject to the following conditions:

This criminal revision petition is allowed and disposed of. Pending I.A, if any, stands disposed of.