Allahabad High Court
Alim Ansari vs State Of U.P. And Another on 18 February, 2021
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL REVISION No. - 1048 of 2020
Revisionist :- Alim Ansari
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Surya Pratap Singh Parmar
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Surya Pratap Singh Parmar, learned counsel for the revisionist, Sri G.P. Singh, learned A.G.A. and perused the record.
This criminal revision has been preferred under Section 102 of the Juvenile Justice Care and Protection of Children Act against the judgment and order dated 18.02.2020 passed by the Special Judge (POCSO Act)/ Additional Session Judge, Court No. 1 Bhadohi in Criminal Appeal No. 02 of 2020 (Alim Ansari Vs. State of U.P. and others) whereby the appellate court has rejected the appeal of the revisionist as well as against the order dated 28.01.2020 passed by Principal Magistrate, Juvenile Justice Board, Bhadohi in Case Crime No. 272 of 2019 under sections 147, 149 and 302 IPC, Police Station Bhadohi, District Bhadohi whereby the bail of the accused-revisionist has been rejected.
As per F.I.R. which has been lodged by grand-father of the deceased, it is mentioned that on 22.07.2019 at about 12:00 O' clock in the night, his grand-son/deceased aged about 14 years was returning home after having served food to his father and when he reached near Biragate, one Sumo No. UP66B2915 in which eight people were sitting had crushed his grand-son and also fire was made by the persons sitting in that vehicle upon his grand-son. Subsequently police had caught hold all the eight accused sitting in the said vehicle.
Submission made by the learned counsel for the revisionist is that the revisionist has been falsely implicated in the present case. The co-accused Sher Ali has been granted bail by this Court vide order dated 3.1.2020 passed in Crl. Misc. Bail Application No. 57697 of 2019, co-accused Rakesh Yadav has been granted bail by Coordinate Bench of this Court vide order dated 29.1.2020 passed in Crl. Misc. Bail Application No. 3285 of 2020, co-accused Kuldeep Pandey has been granted bail by Coordinate Bench of this Court vide order dated 10.1.2020 passed in Crl. Misc. Bail Application No. 57859 of 2019, co-accused Banti Yadav has been granted bail by this Court on 14.1.2020 passed in Crl. Misc. Bail Application No. 1505 of 2020, co-accused Sanjeev Kumar Saroj has been granted bail by Coordinate Bench of this Court vide order dated 28.2.2020 passed in Crl. Misc. Bail Application No. 5513 of 2020, co-accused Anuj Kumar Saroj has been granted bail by Coordinate Bench of this Court vide order dated 14.2.2020 passed in Crl. Misc. Bail Application No. 6890 of 2020, copies of the orders have been annexed from pages 104 to 116 of the paper book. Besides this, he has also produced a copy of the bail order of co-accused Nassu Quraishi @ Mohd. Nasri, who was said to be driving vehicle, has also been granted bail by Coordinate Bench of this Court vide order dated 22.9.2020 passed in Crl. Revision No. 978 of 2020, copy of the same is taken on record, therefore, parity has been claimed by him. No recovery of any incriminating article has been made from him. In this case Khaliq, who is said to have been murdered, is shown to have received eight injuries on his body and cause of death is recorded Coma as a result of head injury and all are ante-mortem injuries. Though the revisionist is said to have fired upon the deceased but no injury of fire arm is found to have been sustained by the deceased. Further, it is argued that the revisionist has been falsely implicated under section 3/25 Arms Act by the police party but in this case he has been granted bail by Juvenile Justice Board, Bhadohi vide order dated 28.1.2020, copy of the same is annexed at page-101 of the paper book. Further, it is argued by him that as per section 12 of the Juvenile Justice Act, a juvenile is required to be released on bail if there appears that his release is not likely to bring him in association with some known criminal or that he would be exposed to moral, physical and psychological danger or the ends of justice would be defeated. He has also pointed out that in the report of District Probation Officer, Bhadohi no adverse has been recorded against the revisionist nor does he have any criminal antecedent. All these facts have been ignored by the Juvenile Justice Board as well as Appellate Court, hence the revisionist deserves to be allowed on bail.
Learned A.G.A. has opposed the release of revisionist on bail and could not controvert the aforesaid fact.
In consideration of bail of a juvenile, the seriousness of the offence is not to be seen. The three considerations which are laid down in law, are that his release on bail should not bring him in association with any hardened criminal or that it should not expose him to any moral, physical and psychological threat and or ends of justice should not be defeated by his release. No evidence has been produced before the courts below which could lead them to draw those conclusions. Both the forums have dismissed the bail application of the accused only on the basis of surmises and conjectures and on the nature of offence being serious.
Looking to the fact that all the accused have been granted bail and no injury of fire arm is found to have been sustained by the deceased and nothing having been found against him in the report of District Probation Officer, hence this is found to be a fit case for grant of bail.
In view of above, this court is of the view that this revision deserves to be allowed and is accordingly, allowed. The order of the Juvenile Justice Board dated 28.01.2020 as well as order dated 18.02.2020 of the appellate court are set aside.
Let the Juvenile revisionist- Alim Ansari (Minor) be released on bail during trial on his mother Julekha Begum furnishing a personal bond of Rs.1,00,000/- and two sureties of the like amount to the satisfaction of the Juvenile Justice Board with condition that he shall not allow the revisionist to come in association with any hardened criminal and that on each and every date of trial, he shall also appear before the court concerned. In case, he makes any default, the prosecution shall be at liberty to move for cancellation of his bail.
Order Date :- 18.2.2021
AU
