Allahabad High Court
Ghanedra vs State Of U.P. And Another on 9 August, 2021
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 88
Case :- CRIMINAL REVISION No. - 689 of 2021
Revisionist :- Ghanedra
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Hemant Sharma,Gaurav Kakkar
Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Despite service, no one is present on behalf of opposite party no.2.
Heard Sri Raghvendra Prakash, Advocate holding brief of Sri Gaurav Kakkar, learned counsel for the revisionist, learned AGA for the State and perused the record.
The present criminal revision has been preferred against the judgment and order dated 24.12.2020 passed by Principal Magistrate, Juvenile Justice Board, Bulandshahr in Bail Application No.35 of 2020 (State Vs. Ghanendra) and order dated 22.01.2021 passed by Additional Sessions Judge (Rape Cases and POCSO Act), Court No.2, Bulandshahr in Criminal Appeal No.03 of 2021 (Ghanendra Vs. State of U.P.) arising out of Case Crime No.175 of 2020, under sections 376D, 363, 120-B IPC and section 5 (Chha) 6 POCSO Act, P.S. Arniya, District Bulandshahr.
It is submitted by learned counsel for the revisionist that revisionist is innocent and has been falsely implicated in this case. He submits that in first information report specific allegation was levelled against co-accused Prashant for committing rape. The statement of victim was recorded under section 161 Cr.P.C. in which also allegation of rape has been levelled against co-accused Prashant. It is submitted that there are contradiction in the statements of victim under sections 161 and 164 Cr.P.C. It is further submitted that medical report of victim does not support the prosecution version. Lastly, it is submitted that co-accused Prashant has been granted bail by co-ordinate Bench of this Court vide order dated 10.12.2020 passed in Criminal Misc. Bail Application No.45703 of 2020 and other co-accused Shibbu @ Shiv Kumar was also granted bail by co-ordinate Bench of this Court vide order dated 19.1.2021 passed in Criminal Misc. Bail Application No.32247 of 2020, copies whereof are annexed at Annexure No.10 to the supplementary affidavit. It is further submitted that the role assigned to applicant is identical to the role of co-accused Shibbu @ Shiv Kumar. He further 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.
Learned A.G.A. has opposed the bail prayer.
I have perused the order rejecting the bail application and the appeal, who do not record any reason 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 7.8.2020, the revision deserves to be allowed.
Accordingly, the revision is allowed and the impugned judgment and orders dated 24.12.2020 and 22.01.2021 are set aside. The bail application of the revisionist is also allowed.
Let revisionist Ghanedra 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 :- 9.8.2021
Tamang
