Vikas @ Bhola vs State Of U.P. And Another
2021 Latest Caselaw 2700 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29688 of 2020
 

 
Applicant :- Vikas @ Bhola
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ankit Srivastava,Krishna Chandra Pandey,Mohammad Yaseen,Mohd. Samiuzzaman Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Kumar,J.

Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

This bail application has been preferred by the accused-applicant- Satyakant, who is involved in Case Crime No.206 of 2020, under Section 376 I.P.C. and Section 5/6 POCSO Act, P.S. Bhojpur, District Ghaziabad.

Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that his date of birth is 11.04.2005 according to school leaving certificate and as such at the time of incident, he is aged about 15 years, one month and 29 days; that statement of the victim under Section 161 Cr.P.C. has been recorded by the Investigating Officer wherein she did not make any allegation against the applicant as alleged in the F.I.R.; that neither the applicant committed rape with the victim nor taken any obscene video or photograph; that there is no independent eye witness of the alleged occurrence. It is lastly submitted that the applicant has no criminal history and he is languishing in jail since 31.05.2020 and in case he is released on bail he will not misuse the liberty of bail.

Learned A.G.A has vehemently opposed the prayer for bail by drawing attention of the Court toward the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 together with provisions of Section 101(2) and sub-Section (5) of Section 101 of the Act wherein appeals lie against the order of Juvenile Justice Board, before the District and Sessions Judge and thereafter on rejection to file appeal before the High Court. Learned AGA has also placed the judgment of Single Judge of this Court delivered on 05.08.2019 in Criminal Appeal No. 4418 of 2019 [Radhika (Juvenile) Vs. State of U.P.].

At this stage, learned counsel for the applicant comes up with the submission that he has no objection if this application is disposed of in terms of decision in Radhika (Juvenile) (supra) to avail legal remedy before appropriate forum, as is available in law.

It is further observed that in the event application, as the case may be, is filed before the Juvenile Justice Board, that may be decided, in accordance with law expeditiously, preferably within two weeks from the date of such move.

Accordingly, the bail application is disposed of.

However, it is made clear that this Court has not gone into the merit of the case either way and any observation if it has come in this order will have no effect on the decision which would be taken by learned Courts below.

Order Date :- 19.2.2021

Asha