Ajay Maurya @ Bablu @ Manish ... vs State Of U.P. And Another
2021 Latest Caselaw 6187 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL REVISION No. - 2175 of 2020
 

 
Revisionist :- Ajay Maurya @ Bablu @ Manish Kushwaha
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Dewarshi Kumar Rai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

This present revision has been filed challenging the order dated 10.11.2020 passed by the Additional District & Sessions Judge/Special Judge, POCSO Act whereby the criminal appeal no. 08 of 2020 filed by the revisionistin connection with Case Crime No. 165 of 2019, under Section 2/3 U.P. Gangster Act, P.S. Cantt., District Prayagraj has been dismissed and the order dated 29.9.2020 by means of which the bail application filed by the revisionist has been rejected by the Juvenile Justice Board.

The submission of learned counsel for the revisionist is that while disposing of the bail application the Juvenile Justice Board as well as the Appellate Court have clearly ignored the mandate of proviso to Section 12(1) of the Juvenile Justice Act. He further argues that even in the cases based upon which the gangster proceedings were initiated, the revisionist have already been enlarged on bail.

I have considered the judgment and order passed by the Juvenile Justice Board as well as appellate order, the same are hopelessly short of the requirement of recording satisfaction in terms of mandate of proviso to Section 12(1) of the Juvenile Justice Act, as such the order dated 10.11.2020 and 20.09.2020 are set aside.

Let revisionist Ajay Maurya @ Bablu @ Manish Kushwaha be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each to the satisfaction of the court concerned.

The orders dated 10.11.2020 and 29.9.2020 are set aside. The revision is disposed of.

Order Date :- 11.6.2021

piyush