Sahil (Minor) vs State Of U.P. And Another
2021 Latest Caselaw 6280 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- CRIMINAL REVISION No. - 1114 of 2021
 
Revisionist :- Sahil (Minor)
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Salman Ahmad
 
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 22.2.2021 passed by the District & Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai in Criminal Appeal No. 17 of 2020, whereby the appeal filed against the order of Juvenile Justice Board has been dismissed as well as the order dated 22.12.2020 passed by the Juvenile Justice Board, Jalaun at Orai, whereby the bail application of the revisionist has been rejected.

The contention of the counsel for the revisionist is that admittedly the revisionist is a juvenile and is aged about 13 years. He draws my attention to the order passed by the Juvenile Justice Board as well as the appellate authority rejecting the bail and argues that the main reason for rejecting the bail was that the Juvenile Justice Board held that the revisionist is not entitled to the bail in view of the gravity of the offence. He thus argues that the same is contrary to the mandate of proviso to Section 12 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2000. He further argues that even in terms of the mandate of Section 18 of the Act, the child in conflict with law can be punished only for a period of three years and the revisionist is in custody since 15.11.2020.

On perusal of both the orders, none of the conditions which are specified in proviso to Section 12 (1) of the Act have been recorded while rejecting the bail application, as such both the orders deserves to be set aside. Accordingly, the orders dated 22.2.2021 and 22.12.2020 are set aside. The revision is allowed.

The revisionist Sahil be enlarged on bail in Case Crime No. 852 of 2020, under Sections 377, 506 IPC and Section 3/4 POCSO Act, P.S. Kotwali Orai, District Jalaun, on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the Court concerned.

Order Date :- 15.6.2021/S. Rahman