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.
Ref:- Criminal Misc. Bail Application No. 1 of 2020
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 397/401 Cr.P.C. 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 release of revisionist, material uncle (mama) will take care and look after the revisionist as guardian and the revisionist will be in custody of the maternal uncle. Lastly, it is submitted that the maximum sentence awarded to the revisionist is up to two years and six months, therefore, on account of huge pendency of cases before this Court, there is no likelihood of final hearing of this revision in near future.
Considering the facts and circumstances of the case, let the revisionist Bharat Singh convicted and sentenced by 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." in Bail Application No. 18 of 2020, 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 be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of court concerned during pendency of this revision.
Order on revision
In compliance of the order dated 11.01.2021, the defects has been removed by the learned counsel for the applicant, office is directed to allot regular number to the present revision.
Learned A.G.A. as well as learned counsel for the opposite party no.2 may file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.
List thereafter.
Order Date :- 22.1.2021
Monika
