Madhya Pradesh High Court
Ajay Alias Lalla Rajak Thr. Mother Smt. ... vs The State Of Madhya Pradesh on 3 September, 2021
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
01
HIGH COURT OF MADHYA PRADESH
CRR 1859 of 2021
Ajay @ Lalla Rajak Vs. State of MP
Gwalior, Dtd: 3/09/2021
Heard through hybrid system of physical/virtual hearing.
Shri Pawan Vijaywargiya, learned counsel for the applicant.
Shri Ramadhar Chaubey, learned Public Prosecutor for the
respondent/ State.
This criminal revision under Sections 53 of Juvenile Justice
Act, 2000 / 102 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 [ in short '' the Act''] assails the order dated
25/06/2021 passed by the Sessions Judge, Sheopur, under Section 101
of the Act in CRA No.18/2021 affirming the order dated 14/06/2021
passed by the Principal Magistrate, Juvenile Justice Board, Sheopur,
whereby prayer of the juvenile for grant of bail under Section 12 of
the Act in Crime No.159/2021 registered at police Station, Vijaypur,
Distt. Sheopur, for the offence punishable under Sections 454 & 380
of IPC was rejected.
Facts, in brief, is that complainant Suresh Kushwah lodged a
report to the effect that locks of his house were broken and one camera of Nikon worth Rs.25,000/-, one mobile of carbon company worth Rs.1,500/- and one mobile of Micromax company worth Rs.4,000/- were missing. His neighbourers informed that in the afternoon applicant was roaming around his house, therefore, on the basis of suspicion, he lodged the report against the applicant. 02 Thereafter, crime was registered for the offence punishable under Section 454 and 380 of IPC and applicant/accused was taken into custody.
It is not in dispute that on the alleged date of incident, the applicant was minor. The applicant is in custody since 10.6.2021.
Section 12 of the Act reads as under :-
"12. Bail to a person who is apparently a child alleged to be in conflict with law:- (1) When any person, who is apparently a child and is alleged to have committed a bailable or non- bailable offence, is apprehended or detailed by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.
(2) to (4) ..........."
Having carefully examined the provisions of the Act vis-a-vis the orders passed by Courts below, I do not find any of the exceptional circumstances to decline bail to the juvenile-applicant.
In view of the aforesaid, this revision is allowed and the order dated 25/06/2021 passed by the Sessions Judge, Sheopur, in CRA No.18/2021 as well as the order dated 14/06/2021 passed by the 03 Juvenile Justice Board, Sheopur, in Crime No.159/2021 are hereby set aside.
It is ordered that the juvenile- applicant shall be handed over to the custody of his natural guardian (mother) on furnishing a personal bond by his mother in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety to the satisfaction of the Juvenile Justice Board/ Court, Sheopur, with the condition that on all other subsequent dates of hearing, the applicant- juvenile shall appear before the said Board or Court concerned during pendency of trial of the case and his guardian shall keep proper care of the delinquent juvenile- applicant and keep him away from the company of known criminals.
Certified copy of this order be sent to the Juvenile Justice Board/Court concerned for information and compliance.
CC as per rules.
(Deepak Kumar Agarwal) Judge ms/-
MADHU SOODAN PRASAD 2021.09.04 11:10:11 +05'00'