Sagar vs State Of U.P. And Another
2021 Latest Caselaw 6151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL REVISION No. - 1100 of 2021
 

 
Revisionist :- Sagar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Pradeep Kumar Yadav,Roopesh Srivastava
 
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 against the judgment and order dated 20.2.2021 passed by the Additional District and Sessions Judge/POCSO Act, Aligarh in Criminal Appeal No. 100 of 2020, whereby the appeal filed by the revisionist against the order dated 11.12.2020 has been rejected.

Counsel for the revisionist argues that admittedly the revisionist is a juvenile, however, the Juvenile Justice Board rejected the appeal of the revisionist vide order dated 11.12.2020. He specifically argues that the Courts below have erred in rejecting the bail application in sheer ignorance of the proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act 2000.

I have perused the said orders. The Juvenile Justice Board as well as the Court have erred in not recording finding whatsoever to indicate that any condition so specified in the proviso to Section 12(1) existed for denying the bail to a juvenile.

In view of the fact that none of the conditions are existed as per the proviso to Section 12(1) of the Act, the orders dated 20.2.2021 as well as the order dated 11.12.2020 are set aside. The criminal revision is allowed.

The revisionist Sagar shall be enlarged on bail in Case Crime No. 152 of 2020, under Sections 377, 506 IPC and Section 3/4 POCSO Act, P.S. Kotwali Nagar, 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