Ankush vs State Of U.P. And Another
2021 Latest Caselaw 6362 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL REVISION No. - 1039 of 2021
 

 
Revisionist :- Ankush
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Somdev Dixit
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Heard counsel for the parties and perused the record.

This revision has been filed challenging the order dated 8.1.2021 passed by the Juvenile Justice Board whereby the bail application of the revisionist in Case No. 2 of 2021, Case Crime No. 129 of 2020, under Sections 376DA IPC, Section 5g/6 POCSO Act and Section 3 (2)(5) SC/ST Act, Police Station Balrai, District Etawah was rejected as well as the order dated 5.2.2021 whereby the appeal filed against the same has also been dismissed.

Counsel for the revisionist argues that in the FIR, case of the prosecution is that the rape was committed on the victim by two co-accused and the role of catching was assigned to the revisionist. He argues that, admittedly, the revisionist is a juvenile and while deciding the bail application, the Juvenile Justice Board has solely considered the gravity of the offence alleged and had not even considered the requirement of the proviso to Section 12 (1) of the Juvenile Justice (Care and Protection) Act, 2015 (in short 'the Act'). He argues that the Appellate Court had committed the same error in dismissing the appeal.

I have perused the perused the orders rejecting the bail application and the appeal, who do not record any reasons as required in terms of the proviso to Section 12 (1) of the Act.

Considering the age of the revisionist, which is 13 years and the revisionist is in custody since 9.11.2020, the revision deserves to be allowed. Accordingly, the revision is allowed and the impugned judgment and order dated 8.1.2021 and 5.2.2021 are set aside. The bail application of the revisionist is also allowed.

Let the revisionist Ankush be released on bail in the aforementioned case on furnishing a personal bond and two sureties of the like amount to the satisfaction of Chief Judicial Magistrate/Juvenile Justice Board concerned.

Copy of the order downloaded from the official website of this Court shall be accepted as a true copy of this order.

Order Date :- 16.6.2021

vinay