Tabrej Alam Through Fahter Shahid ... vs State Of U.P. & Another
2021 Latest Caselaw 3000 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL REVISION No. - 382 of 2020
 

 
Revisionist :- Tabrej Alam Through Fahter Shahid Husain
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Revisionist :- Sudhaker Prakash
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

The present revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been preferred against the order dated 06.06.2020 passed by learned Additional Sessions Judge/Special Judge, POCSO Act, Lucknow in Criminal Appeal No.09 of 2020 preferred on behalf of revisionist against the order dated 06.12.2019 passed by Juvenile Justice Board, Lucknow.

At the time of commission of offence the accused revisionist was 13 years 6 months and 27 days and thus he was declared as child in conflict with law. The revisionist has been in jail since 07.05.2019. There is no other offence against the accused revisionist.

Considering the long incarceration in juvenile home of the accused revisionist, it would be appropriate to enlarge him on bail and thus the impugned judgment and order dated 06.06.2020 passed by learned Additional Sessions Judge/Special Judge, POCSO Act, Lucknow is hereby quashed.

The revision is allowed. The accused revisionist shall be enlarged on bail on terms and conditions as may be fixed by the concerned court.

Order Date :- 24.2.2021

Anand Sri./-