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Judgment
This second criminal revision under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (for short “Act of 2015â€) has
been filed on behalf of petitioner- Tasif Ahmad (since minor) through his legal guardian (father) Akhlak Ahmad against the order dated 18.10.2019
passed by Sixth Additional Sessions Judge, Bhind in Criminal Appeal No.155/2019; whereby, appeal preferred by petitioner under Section 101 of the
Act of 2015 has been dismissed and order passed by Juvenile Justice Board dated 14.10.2019 rejecting the application of the petitioner under Section
12 of the Act has been affirmed. By the order of the Juvenile Board dated 14.10.2019, the application of the petitioner under Section 12 of the Act for
release of the petitioner on bail bond of his parents was rejected.
It is the submission of learned counsel for the petitioner that only role attributable over the petitioner/child in conflict with law was to take the
prosecutrix to the hotel where main accused Arbaj had to meet the prosecutrix. Allegation of rape is attributable over co-accused Arbaj and not over
him. Report of Probationary Officer indicates that the petitioner is man of reasonable disposition and if adequate atmosphere is provided, then he can
be a peaceful citizen, rather than a trouble maker. Confinement since 30.9.2019 amounts to pre- trial detention. He undertakes to cooperate in trial and
would not be a source of embarrassment/harassment to the complainant party in any manner. He also undertakes to perform some community service
to purge his misdeeds if any.
Learned counsel for the State opposed the prayer and prayed for rejection of this criminal revision, however, he submits that report of probationary
officer is apparently positive.
Heard learned counsel for the parties and perused the case diary. Looking to the fact situation of the case and looking to the report of Probationary
Officer and the fact that petitioner is minor and his father is ready to take care of his child and would try to involve him in academic/sports activities so
that he may become a better citizen and appreciating such undertaking and efforts to be pressed into service by the father of petitioner, without
commenting on the merits of the case, this court inclined to release the petitioner on bail. Accordingly, this revision is allowed and it is directed that on
furnishing personal bond of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Juvenile Justice
Board by father / legal guardian of the petitioner, custody of petitioner be handed over to him (father) with the clear stipulation to produce him before
the Investigating Officer/trial Court as and when required.
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Revision stands allowed and disposed of.