HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL REVISION No. - 2787 of 2015 Revisionist :- Saddam Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Chaman Aara Counsel for Opposite Party :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Sanjay Mishra, Advocate holding brief of Sri Chaman Aara, learned counsel for the revisionist, and Sri Awadesh Kumar Saxena, learned AGA appearing for the State and perused the record.
This revision has been filed with prayer to call for the records of lower court and setting aside the order dated 01.06.2015, passed by Juvenile Justice Board, Muzaffar Nagar, in Case No. 30 of 2015, arising out of Case Crime No. 304 of 2015, under Sections 377 IPC, and Section 3/4 of POCSO Act, 2012, Police Station Kairana, District Muzaffar Nagar, as well as against the appellate order dated 13.07.2015, passed by learned Additional Sessions Judge, Court No.1, District Muzaffar Nagar in Criminal Appeal No. 54 of 2015. He further prayed to release the revisionist on bail in Case No. 30 of 2015, arising out of Case Crime No. 304 of 2015, under Sections 377 IPC, and Section 3/4 of POCSO Act, 2012, Police Station Kairana, District Muzaffar Nagar, during the pendency of the present revision before this Hon'ble Court.
As per office report dated 22.09.2015, notices issued to the opposite party no.2, has been received back after service, but non appears to contest the matter on behalf of the opposite party no.2 Admittedly, the revisionist is a juvenile and special provisions are there for the bail of a juvenile.
Learned A.G.A. did not raise any dispute with regard to the aforesaid facts.
Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides the provisions as to when bail to a juvenile can be refused.
"12 Bail of Juvenile.--(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) 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 fit institution or fit person but he shall not be so released if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
2) When such person having been arrested is not released on bail under sub-section (1) by the officer in-charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.
(3) When such person is not released on bail under sub-section(1) by the Board, it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of inquiry regarding him as may be specified in the order."
In view of the aforesaid provision, the bail application of the juvenile can be rejected only on the existence of the aforementioned grounds enumerated in Section 12 of the Juvenile Justice Act.
Apart from it in the case of Amit Kumar Vs. State of U.P. [2010 (71) ACC 209 (Alld)] and Naurang (minor) Vs. State of U.P. [2010 (71) ACC 255 (Alld), this Court has expressed the similar view and has granted bail to the juvenile offender in heinous offence. Seriousness of offence is no ground to reject the bail to a juvenile.
Keeping in view the aforementioned legal position and the fact that in this case no such conditions exists, on the basis of which the bail application of a juvenile can be dismissed, therefore, the revision deserves to be allowed and is accordingly allowed. The order dated order dated 13.07.2015 passed by Additional District & Sessions Judge, Court No. 1, Muzaffar Nagar, in Criminal Appeal No. 54 of 2015, arising out of Case Crime No. 304 of 2015, under Section 377 I.P.C., and Section 3/4 of POCSO Act, 2012, Police Station Kairana, District Muzaffar Nagar, as well as the order dated 01.06.2015 passed by Juvenile Justice Board, Muzaffar Nagar, in Case No. 30 of 2015, arising out of Case Crime No. 304 of 2015, under Sections 377 IPC, and Section 3/4 of POCSO Act, 2012, Police Station Kairana, District Muzaffar Nagar, are hereby set aside.
In these circumstances, revisionist is entitled for bail.
Let revisionist-Saddam, be enlarged on bail in Case No. 30 of 2015, arising out of Case Crime No. 304 of 2015, under Sections 377 IPC, and Section 3/4 of POCSO Act, 2012, Police Station Kairana, District Muzaffar Nagar, on furnishing a personal bond by the fathar/legal guardian of Chinnu alias Sharafat, and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board to the effect that he will not come into contact with other offenders.
Order Date :- 23.9.2015 VKG