Rakesh Kumar vs State Of U.P. And Another
2021 Latest Caselaw 6150 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- CRIMINAL REVISION No. - 1101 of 2021
 
Revisionist :- Rakesh Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Akanksha Gaur
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Heard counsel for the revisionist and learned A.G.A. for the State.

The present revision has been filed challenging the judgment and order dated 23.3.2021 passed by the Special Judge (POCSO Act)/Additional Sessions Judge, Court No. 3, Aligarh, whereby the Criminal Appeal No. 24 of 2021 filed under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been rejected and the order of the Juvenile Justice Board has been affirmed.

The contention of the counsel for the revisionist is that admittedly the revisionist is a juvenile and his bail application was rejected by means of an order dated 17.2.2021, against which an appeal was preferred, which too has been dismissed.

The contention of the counsel for the revisionist is that the Juvenile Justice Board as well as the Appellate Court have erred in not taking into consideration the mandatory provision of Section 12(1) of the Juvenile Justice Act.

I have perused the said orders. Both the orders are silent with regard to the conditions provided under the proviso to Section 12 (1) of Juvenile Justice Act.

In view of the fact that the revisionist is a juvenile, it is a mandatory provision and the proviso cannot be overlooked in the manner, it has been done. Accordingly, the orders dated 23.3.2021 and 17.2.2021 are set aside and the revision is allowed.

The revisionist Rakesh Kumar shall be enlarged on bail in Case Crime No. 67 of 2020, under Sections 363, 364A, 302, 201, 404, 34 IPC, P.S. Atrauli, District Aligarh, on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the Court concerned.

Order Date :- 10.6.2021

S. Rahman