Samir J. Dave, J
1. By way of preferring this Criminal Revision Application under Section 102 of Juvenile Justice Act, 2015, applicant has prayed for quashing and
setting aside judgment and order dated 21.07.2022 passed in
Criminal Appeal No.218 of 2022 by the learned 2nd Additional Sessions Judge & Children Court, Jamnagar as well as order dated 08.07.2022 passed
by the learned Principal Magistrate, Juvenile Justice Board, Jamnagar made in connection with FIR being C.R. No.11202002212318 of 2021
registered with Jamnagar City ‘C’ Division Police Station, Jamnagar.
2. Heard learned advocate appearing for the applicant and learned APP appearing for the respondent-State.
3. Learned advocate appearing for the applicant submits that applicant is aged about 17 years, innocent and falsely implicated as an accused in the
present offence. There is no allegation worth the more any serious allegations made in the FIR against the applicant. The FIR is registered out of
malafide. It is absolutely false and frivolous. Hence, it is requested by learned advocate for the applicant to allow present applicant.
4. Learned APP appearing for the respondent-State has strongly objected the submissions made by learned advocate for the applicant and requested
to dismiss the present application.
5. Having heard learned advocate for the applicant and learned APP appearing for the respondent-State, it appears that pursuant to impugned FIR, the
applicant had approached the learned 2nd Additional Session Judge, Jamnagar by way of Criminal Appeal No.218 of 2022, whereas by order dated
21.07.2022 the application came to be rejected.
6. Here, this Court would like to refer Section 12 of the Juvenile Justice (Care and Protection) of Children Act, 2015 which provides as under:
“(1) When any person, who is apparently a child and is a alleged to have committed a bailable or non bailable offence, is apprehended or detained
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 being 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 person.
Provided that such person shall not be 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.â€
7. From the record and submissions made by learned advocate appearing for the applicant and learned APP appearing for the respondent-State as
well as considering the age of the present applicant at 17 years, prayer made by the present applicant requires consideration.
8. Accordingly, present application is hereby allowed. The impugned judgment and order dated 21.07.2022 passed in Criminal Appeal No.218 of 2022
by the learned 2nd Additional Sessions Judge & Children Court, Jamnagar as well as order dated 08.07.2022 passed by the learned Principal
Magistrate, Juvenile Justice Board, Jamnagar made in connection with FIR being C.R. No.11202002212318 of 2021 registered with Jamnagar City
‘C’ Division Police Station, Jamnagar, are quashed and set aside.
9. The applicant is ordered to be released on regular bail in connection with an FIR being C.R. No.11202002212318 of 2021 registered with Jamnagar
City ‘C’ Division Police Station, Jamnagar for the offence punishable U/S. 454, 457, 380, 414 and 114 of Indian Penal Code, subject to the
conditions that the applicant shall:
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave Jamnagar District without prior permission of the Sessions Judge concerned till the trial is over;
[e] furnish latest and permanent address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall
not change the residence without prior permission of the learned Sessions Court concerned;
10. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the
above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be
executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any
of the above conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua
the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute. Direct service is permitted.
11. This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.
