Allahabad High Court
Abhay Yadav Through His Legal ... vs State Of U.P. And Anothers on 22 July, 2021
Bench: J.J. Munir
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 1 Reserved
Case :- CRIMINAL REVISION No. - 1094 of 2020
Revisionist :- Abhay Yadav Through His Legal Guradian Father Triloki Singh Yadav
Opposite Party :- State Of U.P. And Another
Counsel for Revisionist :- Sadhu Sharan,Lalit Kumar Tripathi, Navneet Kumar Mishra, Syed Mohammad Abbas Abdy
Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
1. This Revision is directed against the order of Mr. Jai Prakash, the 5th Additional Sessions Judge/ Special Judge (POCSO), Ghazipur dated 02.03.2020 in Criminal Appeal no.12 of 2020, dismissing the appeal and affirming the order of the Juvenile Justice Board, Ghazipur, denying bail to the revisionist in Case Crime no.113 of 2019, under Sections 394, 323, 411 IPC, Police Station Birano, District Ghazipur.
2. Heard Mr. S.M.A. Abdy, learned Counsel for the revisionist and Mr. S.S. Tiwari, learned A.G.A. appearing on behalf of the State.
3. In view of the office report dated 24.08.2020 reiterated on 02.11.2020, which in turn is based on a report of the Chief Judicial Magistrate, Ghazipur dated 07.08.2020, service upon opposite party no.2 is held good. No one appears on behalf of opposite party no.2.
4. The reasons carried in my judgment and order of date passed in Criminal Revision No.1110 of 2020 shall form part and parcel of this order.
5. For the reasons detailed in my judgment and order of date rendered in Criminal Revision No.1110 of 2020, this Revision succeeds and is allowed.
6. In the result, this revision succeeds and is allowed. The impugned order dated 02.03.2020 passed by the learned 5th Additional Sessions Judge/ Special Judge (POCSO), Ghazipur in Criminal Appeal No.12 of 2020 and the order dated 31.01.2020 passed by the Juvenile Justice Board, Ghazipur in Bail Application No.64 of 2019 are hereby set aside and reversed. The bail application of the revisionist stands allowed.
7. Let the revisionist, Abhay Yadav through his natural guardian father Triloki Singh Yadav son of Ramayan Yadav be released on bail in Case Crime no.113 of 2019, under Sections 394, 323, 411 IPC, Police Station Birano, District Ghazipur upon his natural guardian father furnishing a personal bond with two solvent sureties of his relatives each in the like amount to the satisfaction of the Juvenile Justice Board, Ghazipur subject to the following conditions:
(i) that the natural guardian father will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.
(ii) The revisionist and his natural guardian will report to the District Probation Officer on the first Monday of every calendar month commencing with the first Monday of August, 2021 and if during any calendar month the first Monday falls on a holiday, then on the following working day.
(iii) 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, Ghazipur on such periodical basis as the Juvenile Justice Board may determine.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.7.2021
Anoop
