Allahabad High Court
Rajesh Kumar Tiwari vs State Of U.P. And Another on 17 August, 2021
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 88
Case :- CRIMINAL REVISION No. - 1265 of 2020
Revisionist :- Rajesh Kumar Tiwari
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Indradeo
Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Despite service of notice, no one is present on behalf of opposite party no.2.
Heard Sri Indradeo Maurya, learned counsel for revisionist, learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred against the judgment and order dated 16.3.2020 passed by learned Juvenile Justice Board, Varanasi in Case Crime No.245 of 2019 (State Vs. Rajesh Tiwari), under Sections 363, 366, 376 I.P.C., Section 3/4 POCSO Act and Section 3(2)(A) S.C./S.T. Act, P.S. Kotwali, District Varanasi and impugned judgment and order dated 15.6.2020 passed by learned Additional District and Sessions Judge/Special Judge, (POCSO Act), Court No.2, Varanasi in Criminal Appeal No.40 of 2020 (Rajesh Kumar Tiwari Vs. State of U.P.).
It is submitted by learned counsel for revisionist that revisionist is innocent and has been falsely implicated in this case. The revisionist was not named in the F.I.R. and the statements of victim were recorded under Sections 161 and 164 Cr.P.C. in which there was no allegation of rape against the revisionist. He argues that admittedly, the revisionist is a juvenile and while deciding the bail application, the Juvenile Justice Board has solely considered the gravity of the offence alleged and had not even considered the requirement of the proviso to Section 12 (1) of the Juvenile Justice (Care and Protection) Act, 2015 (in short 'the Act'). He argues that the Appellate Court had committed the same error in dismissing the appeal. The revisionist has no criminal history and is in custody since 4.1.2020.
Learned A.G.A. has opposed the bail prayer.
I have perused the orders rejecting the bail application and the appeal, who do not record any reasons as required in terms of the proviso to Section 12 (1) of the Act.
Considering the age of the revisionist who is minor and in custody since 4.1.2020, the revision deserves to be allowed. Accordingly, the revision is allowed and the impugned judgment and orders dated 16.3.2020 and 15.6.2020 are set aside. The bail application of the revisionist is also allowed.
Let revisionist Rajesh Kumar Tiwari be released on bail in the aforementioned case on furnishing a personal bond and two sureties of the like amount to the satisfaction of Chief Judicial Magistrate/Juvenile Justice Board concerned.
Copy of the order downloaded from the official website of this Court shall be accepted as a true copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 17.8.2021
Kpy
