Sunil Kumar Gupta vs State Of U.P.
2021 Latest Caselaw 6406 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- CRIMINAL REVISION No. - 877 of 2020
 
Revisionist :- Sunil Kumar Gupta
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Ashok Kumar Srivastava,Sandeep Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Heard Sri Sandeep Kumar Tiwari, learned counsel for the revisionist and learned A.G.A. for the State.

This present revision has been filed challenging the order dated 28.01.2020 passed by the Special Judge, Court No.1,Sonbhadra whereby the criminal appeal no. 40 of 2019 (America Gupta Vs. State of U.P.) has been dismissed and order dated 26.10.2019 passed by Principal Magistrate, Juvenile Justice Board, Sonbhadra in Misc. Case No. 68 of 2019, (State Vs. America Gupta) under Sections 363, 366, 376 IPC & 3/4 POCSO Act & under Section 3(2)5A SC/ST Act, Case Crime No.114 of 2019, P.S. Myorpur, District Sonbhadra by means of which the bail application filed by the revisionist has been rejected,has been affirmed.

The submission of counsel for the revisionist is that admittedly the revisionist has been declared juvenile vide order dated 15.10.2019 and the revisionist is under detention since 8.9.2019 i.e. for about two years. He argues that in the bail rejection order as well as the appellate order none of the eventualities as specified under Proviso to Section 12 (1) have been recorded which is mandatory in terms of proviso to Section 12(1) of the Juvenile Justice Act. He further argues that the revisionist is in custody since 8.9.2019 and considering the age of the revisionist he may be 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 28.01.2020 and 26.10.2019 are liable to be set aside. Accordingly, the orders dated 28.01.2020 and 26.10.2019 are set aside.

Let revisionist Sunil Kumar Gupta 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 above, the revision is disposed of.

Order Date :- 18.6.2021

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