MCRC/4919/2024 of ROHIT S/O SHRI PHOOL SINGH BHEEL AGE 17 YEARS MINOR UNDER GUARDIANSHIP OF FATHER PHOOL SINGH Vs THE STATE OF MADHYA PRADESH on 5 February 2024

ORDER

This is first application u/S.439 of Cr.P.C. for grant of bail in connection with Crime No. 08 of 2024 registered at Police Station Jamner, District Guna(M.P.) for the offence punishable under Sections 4 and 5 of ExplosiveSubstance Act 1908.

Learned counsel for the applicant/accused argued that at the time ofincident, the applicant - Rohit was minor. Under these circumstances, theapplicant is entitled to get the benefit of interim bail until the question of his minority has been decided by the Competent Court. In support of his argument,he has filed the copies of Birth Certificate & Adhar Card, according to whichthe date of birth of applicant is 02.02.2006.

Per contra, learned Dy. Public Prosecutor for the State has opposed thebail application and prays for its dismissal.

Heard learned counsel for the rival parties and perused the case diary.

As per the Birth Certificate & Adhar Card, present applicant is below 18years of age at the time of incident. However, this Court is not empowered tohold inquiry in respect to age of the applicant claiming to be juvenile; therefore,in the light of mandatory provisions of The Juvenile Justice (Care andProtection of Children) Act, 2015, the age of the applicant is required to beexamined by The Juvenile Justice Board.

In view of above when the claim of the juvenility is raised by the applicantwith the support of Birth Certificate & Adhar Card showing his age below 18years, this Court thinks it appropriate to grant him interim bail until the inquiry isconcluded by the Juvenile Justice Board Guna (M.P.).

Consequently, it is hereby directed that the applicant shall be released oninterim bail on his furnishing a personal bond of Rs.50,000/- (Rupees FiftyThousand only)with two solvent sureties of the like amount to thesatisfaction of the concerned trial Court.

It is further directed that the applicant shall appear before the JuvenileJustice Board Guna (M.P.) within a period of three working days from the dateof his release on interim bail alongwith certified copy of this order as well as therelevant documents in relation to his age. The Board is hereby directed tocomplete the inquiry as per Rules within the stipulated period of time of fourmonths from the date of receiving the copy of this order. The interim bail granted by this Court shall automatically cancelled, in case, the applicant is notfound to be juvenile on the date of commission of offence. In that case, theapplicant shall surrender immediately before the concerned trial Court whichshall take him under custody and send him to jail.

I f the applicant is found to be juvenile, he will be at liberty to fileappropriate application before the concerned Court/Authority.

This order will remain operative subject to compliance of the followingconditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in theinvestigation/trial, as the case may be;

3) The applicant will not indulge himself/herself inextending inducement, threat or promise to anyperson acquainted with the facts of the case so as todissuade him/her from disclosing such facts to theCourt or to the Police Officer, as the case may be;

4) The applicant shall not commit any offenceduring pendency of the trial, failing which, this bailorder shall stand cancelled automatically withoutfurther reference to the Bench;

5) The applicant will not seek unnecessaryadjournments during the trial; and6) The applicant will not leave India withoutprevious permission of the trial Court/InvestigatingOfficer, as the case may be.

This petition is disposed of with aforesaid directions.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

E-copy/Certified copy as per rules.

(SUNITA YADAV)JUDGE