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Judgment
Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.
This criminal revision petition has been directed against the order dated 24.11.2025 passed by learned Additional Sessions Judge-I cum Special Judge, Children Court, Jamshedpu in Cr.Appeal No.265 of 2025 affirming the order dated 08.10.2025 passed by learned Juvenile Justice Board, Jamshedpur, passed in connection with Sitaramdera PS Case No.99 of 2025, corresponding to Children Case No.29 of 2025 whereby he has been pleased to refuse the prayer for bail for the offence punishable under section 96 of BNS, 2023 [vide M.C.A. No.6900 of 2025], and the case is pending before learned Additional Sessions Judge-I, Jamshedpur.
Learned counsel for the petitioner submits that the petitioner was aged about 16 years 8 months at the time of alleged occurrence. He next submits that although the allegations is there of taking the girl and having relationship however in the order of the learned appellate court, it has come that the girl was aged about 17 years and the doctor has also opined that no mark of injury and scratch mark has been seen on her however he has stated that possibility of sexual assault cannot be ruled out. He next submits that the petitioner is a student of Class -3 and for the livelihood he was working in a hotel on part-time basis and that has come in the social investigation report. He next submits that the petitioner is being represented by his father namely Samara Deep @ SamraDeep and his father is ready to give an 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 keep away his son from coming into the association of the known criminals. He next submits that the petitioner is an student and he is in custody since 03.07.2025 and in view of that he remained in custody for 14 months and 15 days and on these grounds, he submits that the petitioner may kindly be granted bail.
Learned counsel for the State opposes the prayer and submits that the learned courts have given the conclusion bail to the petitioner will give wrong message to the society and in view of that the learned courts have rightly passed the orders. She next submits that as such the bail to the petitioner may kindly be rejected.
The petitioner is being represented by his father namely Samara Deep @ SamaraDeep and his father is ready to give an undertaking to the effect that 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 keep away his son from coming into the association of the known criminals and he is ready to swear an affidavit to this effect. It has come in the order of the learned Sessions Judge that no mark of injury and scratch has been found however the learned appellate court has been pleased to come to the conclusion that possibility of sexual assault cannot be ruled out.
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 and thereby wrong message will go to the society.
Thus, order dated order dated 24.11.2025 passed by learned Additional Sessions Judge-I cum Special Judge, Children Court, Jamshedpu in Cr.Appeal No.265 of 2025 and the order dated 08.10.2025 passed by learned Juvenile Justice Board, Jamshedpur, passed in connection with Sitaramdera PS Case No.99 of 2025, corresponding to Children Case No.29 of 2025 [vide M.C.A. No.6900 of 2025], are set-aside and the present criminal revision petition is allowed.
Let the revisionist who is in in observation home since 03.07.2025 be released on bail via assurance and surety given by his natural guardian/father (Samara Deep @ SamaraDeep) in connection with Sitaramdera PS Case No.99 of 2025, corresponding to Children Case No.29 of 2025, pending before learned Additional Sessions Judge-I, Jamshedpur, subject to the following conditions:
Natural guardian/father 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 father will ensure that the juvenile will not repeat the offence.
Natural guardian/father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.
Juvenile and natural guardian/father will report to the Probation Officer on first Monday of every calendar month commencing on the first Monday of November, 2026 and if during any calendar month the first Monday falls on a holiday, then on the following working day.
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, Jamshedpur, on such a periodical basis as the Juvenile Justice Board may determine.
This criminal revision petition is allowed and disposed of. Pending I.A, if any, stands disposed of.