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Judgment
In view of Corona Covid-19 outbreak, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 12:30 afternoon. They have no complaint in respect to the audio and video clarity and quality.
Heard learned counsel appearing for the petitioner and learned APP appearing for the State.
Petitioner is in custody for committing an offence punishable under Sections 147, 148, 149, 341, 342, 323, 307, 386 and 506 of the Indian Penal Code as well as Section 13 of the Unlawful Activities Prevention Act and Section 17 of the Criminal Law Amendment Act, in connection with Giddi P.S. Case No. 58 of 2009, pending before the Principal Magistrate, J.J. Board, Hazaribagh.
Learned counsel appearing for the petitioner submits that petitioner is a major but at the time of alleged occurrence, he was a minor and as such trial is pending before the Juvenile Justice Board. The co-accused Karampal Ji @ Karampal Ganjhu @ Danweer Ganjhu has been granted bail vide order dated 31.01.2020 in B.A. No. 8988 of 2019. Petitioner is languishing in custody for last 2 years.
Learned APP has opposed the prayer for bail and submits that if petitioner is released on bail, he may come into association with bad elements which may expose him to moral, physical and psychological danger.
Considering period of custody as well as facts and circumstances of the case, I am inclined to allow this revision application. Consequently, order dated 27.01.2020, passed in Criminal Appeal No. 02 of 2020, passed by Additional Sessions Judge - I, Hazaribagh is hereby set side. Petitioner named above 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 Principal Magistrate, J.J. Board, Hazaribagh, in connection with Giddi P.S. Case No. 58/2009 subject to the condition that one of the bailers must be father of the petitioner who shall give an undertaking to the effect that he shall ensure proper supervision, guidance and good behaviour of the petitioner and shall produce him before the Probation Officer and the Board as and when called for. If any adverse remark is found in the social investigation report, the Board is at liberty to pass necessary orders in the interest of justice.
This revision application is accordingly allowed.