Allahabad High Court
Parvez Alias Parvesh Kumar vs State Of U.P. And Another on 18 January, 2021
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL REVISION No. - 1533 of 2020
Revisionist :- Parvez Alias Parvesh Kumar
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Kuldeep Singh Chahar
Counsel for Opposite Party :- G.A.,Yogesh Kumar Srivastava
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kuldeep Singh Chahar, learned counsel for the revisionist and Sri G.P. Singh, learned A.G.A. for the State 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 03.01.2020 passed by the Additional Session Judge (Court No. 5), Agra in Juvenile Appeal No. 241 of 2019 as well as against the order dated 18.09.2019 passed by Juvenile Justice Board, Agra in Case Crime No. 37 of 2019, under Sections 394, 302, 411 & 201 of I.P.C., Police Station Jagdishpura, District Agra whereby the bail of the accused-revisionist has been rejected.
As per FIR, the dead body of the deceased was found lying near a petrol pump which was later on identified by his father when information was received by him from the police station. As per post mortem report, the deceased is found to have been suffered four injuries which are simple in nature and cause of death is asphyxia as a result of ante mortem throttling.
Submission made by the learned counsel for the revisionist is that the revisionist is innocent. Moreover, the revisionist is found to be less than 16 years of age, hence he was juvenile on the date of occurrence as is evident from the order of the J.J.B. dated 01.06.2019 which has become final. It is further argued that the revisionist along with other co-accused were arrested and recovery of dead body of the deceased was made on joint pointing out from bushes. 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 released is not likely to bring him in association with some known criminal and that he would be exposed to moral, physical and psychological danger and the ends of justice would be defeated. He has also drawn attention to the report of District Probation Officer, Agra which is annexed at page no. 52 to 56 of the paper book in which it is mentioned that the revisionist had passed upto class ten and that he has no previous criminal record. His social and economical condition seems to be normal and that he needs care for his reformation and also it is stated that he was of good conduct and in control of his parents and he needed moral and social education. It is argued that nothing adverse has been mentioned by the District Probation Officer against the revisionist. 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. The revisionist is in jail since 24.01.2019.
Learned A.G.A. has opposed the release of revisionist on bail but could not controvert the aforesaid facts.
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 that 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 courts 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 the revisionist is found to be a juvenile below 16 years of age in conflict with law at the time of occurrence 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 18.09.2019 as well as order dated 03.01.2020 of the appellate court are set aside.
Let the Juvenile revisionist- Parvez Alias Parvesh Kumar (Minor) be released on bail during trial on his father Bahadur, 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 :- 18.1.2021
VPS
