Daya Shankar vs State Of Up
2021 Latest Caselaw 6264 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- CRIMINAL REVISION DEFECTIVE No. - 458 of 2021
 
Revisionist :- Daya Shankar
 
Opposite Party :- State Of Up
 
Counsel for Revisionist :- Nand Kishor Mishra,Shilpa Ahuja
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Cause shown for delay in filing the appeal is sufficient. Delay is condoned.

Accordingly the delay condonation application is allowed.

This present revision has been filed challenging the order dated 19.1.2021 passed by the Principal Magistrate, Juvenile Justice Board whereby the criminal appeal no. 07 of 2021 filed by the revisionistin connection with Case Crime No. 438 of 2020, under Section 3(1) U.P. Gangster Act, P.S. Amroha Nagar, District Amroha has been dismissed and the order dated 11.2.2021 by means of which the bail application filed by the revisionist has been rejected by the Juvenile Justice Board.

I have considered the judgment and order passed by the Juvenile Justice Board as well as appellate order dated 11.2.2021.

The contention of the counsel for the revisionist is that the revisionist is admittedly a juvenile and he is in observation home since 5.6.2020. He further argues that in the Gang Chart prepared against the revisionist, he has been enlarged on bail in all three cases shown in the Gang Chart. He further argues that no condition as enumerated in proviso to Section Section 12(1) of the Juvenile Justice Act exists in rejection order of the bail application. He further argues that the order rejecting the bail application as well as the appellate order are silent with regard to the conditions which are specified in proviso to Section 12(1) of the Juvenile Justice Act.

Learned AGA has opposed the prayer for bail.

Considering the facts recorded above coupled with the fact that the revisionist has been enlarged on bail in all the cases shown in the Gang Chart and the fact that there are short of the requirement of recording satisfaction in terms of mandate of proviso to Section 12(1) of the Juvenile Justice Act, the order dated 19.1.2021 and 11.2.2021 are liable to be set aside and are hereby set aside.

Let revisionist Daya Shankar 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 concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

In view of the aforesaid, the revision is disposed of.

Order Date :- 15.6.2021

piyush