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Judgment
This criminal revision has been filed by the applicant under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the
judgment dated 12.12.2019 passed by the learned XVIIIth Additional Sessions Judge, Bhopal, in Criminal Appeal No.627/2019 confirming the order
dated 21.11.2019 passed in Criminal Case No.628/2019 by the learned Principal Magistrate, Juvenile Justice Board, District Bhopal, whereby
application for bail has been rejected.
The applicant has been arrested by the Police Station Ashoka Garden, Bhopal, in connection with Crime No.No.462/2019 for the offence under
Section 302, 201/34 of IPC.
The case of the prosecution is that, on 28.7.2019 at about 3:25 am information was received by Police Station Ashoka Garden, Bhopal from Hamidiya
Hospital, Bhopal that deceased Piyush Jain, aged about 20 years was brought to the hospital for treatment of head injury and he has been declared
dead. On that basis marg was registered and the postmortem was conducted. After interrogation, the memorandum of applicant and other co-accused
were recorded in which the applicant had admitted that she was in love relationship with the deceased and he used to call her on telephone. On that
basis applicant has been made accused in the aforesaid offence. The applicant was under 18 years of age, therefore is tried as a juvenile.
Learned counsel for the applicant submits that the applicant has not played any role in the alleged incident. It is also submitted that in view of the
mandatory provisions for bail under the Act, the applicant is entitled for bail/supurdnama to her father. It is further submitted that the investigation is
complete and charge-sheet has been filed. The applicant is in custody since 31.07.2019 and the trial will take long time to conclude. In view of the
aforesaid, prayer is made to allow the revision and release the applicant on the case, on the basis of which I consider that this revision ought to be
allowed. Accordingly, this revision is allowed and impugned order dated 21.11.2019 passed in Criminal Case No.628/2019 by the learned Principal
Magistrate, Juvenile Justice Board, District Bhopal, is set aside. It is directed that if the guardian of the present applicant furnishes a personal bond in
the sum of Rs.50,000/- (Rupees Fifty Thousand only) and a solvent surety of the like amount to the satisfaction of the Juvenile Court with an
undertaking that the guardian will take care of the juvenile in conflict with law and also take care that she will not indulge in any kind of criminal
activity, the custody of the applicant be handed over to her guardian.
This revision stands allowed and disposed of.
Certified copy as per rules.