Allahabad High Court
Bharat Singh (Juvenile) vs State Of U.P. And Another on 22 January, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- CRIMINAL REVISION DEFECTIVE No. - 1159 of 2020
Revisionist :- Bharat Singh (Juvenile)
Opposite Party :- State Of U.P. And Another
Counsel for Revisionist :- Ganga Bhushan Mishra
Counsel for Opposite Party :- G.A.,Arunkumar Mishra
Hon'ble Mrs. Manju Rani Chauhan,J.
Since, in compliance of the order dated 11.01.2021, the defects as pointed out by the Stamp Reporter have already been removed, this revision is being heard on merit with the consent of learned counsel for the parties.
Heard learned counsel for the revisionist and learned AGA for the State and Sri Arun Kumar Mishra learned counsel for the opposite party no. 2.
This revision under Section 102 of the Juvenile Justice Board (Care of Protection of Children Act, 2015) has been preferred by the revisionist-Bharat Singh (Juvenile) against the judgment and order dated 19.11.2020 passed by Additional District and Session Judge, (POCSO Act with rape) Court No. 9, in Criminal Appeal No. 31 of 2020 "Bharat Singh vs. State of U.P." whereby the learned appellate Court by dismissing the appeal filed by revisionist under Section 101 of the Juvenile Justice (Care of Protection of Children) Act, 2015 (hereinafter referred "Act of 2015") upheld and affirmed the order dated 11.09.2020 passed by Juvenile Justice Board Jhansi in Bail Application No. 18 of 2020, whereby the learned Juvenile Justice Board, Jhansi dismissed the application filed by the revisionist for grant of bail under section 12 of the Act, 2015, arising out of Case Crime No. 46/2020, under Sections 498-A, 304-B, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mauranipur, District Jhansi.
It is submitted by learned counsel for the revisionist that as per the statement of mother of the deceased as well as informant (father of the deceased), the revisionist is not in any way involved in the incident. The FIR against the revisionist has been lodged on some wrong impression. The report of District Probation Officer, also goes to show that in case, the juvenile is released on bail, there are no chances of his association with anti social activities.
Learned counsel for the revisionist also submits that after releasing of revisionist, material uncle (mama) will take care and look after of him as a guardian and the revisionist will be in the custody of his maternal uncle.
In the result, this revision succeeds and is allowed. The impugned order dated 19.11.2020 passed by Additional District and Session Judge, (POCSO Act with rape) Court No.9, in Criminal Appeal No. 31 of 2020 "Bharat Singh vs. State of U.P." as well as the judgment and order dated 11.09.2020 passed by the Juvenile Justice Board, Jhansi in Bail Application No. 18 of 2020, arising out of Case Crime No. 46 of 2020, under Sections 498-A, 304-B, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mauranipur, District - Jhansi, are hereby set-aside and reversed. The bail application made on behalf of the revisionist through his guardian/maternal uncle (mama) stands allowed.
Let the revisionist Bharat Singh (Juvenile) through his guardian/ maternal uncle (mama) be released on bail in Case Crime No. 46 of 2020, under Sections 498-A, 304-B, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mauranipur, District-Jhansi through his maternal uncle (mama) on furnishing a personal bond with two solvent sureties of his relatives each in the like amount to the satisfaction of the Juvenile Justice Board, Jhansi subject to the following conditions:
(i) that the guardian/maternal uncle (mama) will furnish an undertaking that upon release on bail the juvenile will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the maternal uncle will ensure that the juvenile will not repeat the offence.
(ii) that the maternal uncle will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not allowed to waste his time in unproductive and excessive recreational pursuits.
(iii) The revisionist and his maternal uncle will report to the District Probation Officer on the first Monday of every calendar month commencing with the first Monday of May, 2021 and if during any calendar month the first Monday fails on a holiday, then on the following working day.
(iv) The District Probation Officer will keep strict vigil on the activities of the revisionist and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Jhansi on such periodical basis as the Juvenile Justice Board may determine.
Order Date :- 22.1.2021/Monika
