Pradhan Gautam @ Aklesh Kumar vs State Of U.P. And Another
2021 Latest Caselaw 6408 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL REVISION No. - 859 of 2021
 

 
Revisionist :- Pradhan Gautam @ Aklesh Kumar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Revisionist :- Vivek Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

This present revision has been filed by the revisionist challenging the order dated 9.12.2020 passed by the Special Judge, (POCSO Act-Ist)/Additional Sessions Judge, Jaunpur in Criminal Appeal no. 36 of 2020 (Pradhan Gautam @ Aklesh Kumar Vs. State of U.P) and order dated 11.11.2020 passed by learned Principal Magistrate, Juvenile Justice Board, Jaunpur in Misc. Case No.172 of 2019 (State of U.P. Vs. Pradhan Gautam @ Aklesh Kumar) arising out of Case Crime No. 384 of 2019, under Sections 376-D, 506, 120-B IPC & Sections 5/6 and 16/17 POCSO Act, P.S. Line Bazar, District Jaunpur.

Counsel for the revisionist argues that an FIR in question was lodged on 22.7.2019 implicating the revisionist in the offence in question. He further argues that the revisionist was declared juvenile vide order dated 15.10.2020. It is further argued that when the revisionist filed a bail application, the said application was rejected vide order dated 11.11.2020 which is on record, thereafter the revisionist preferred an appeal, which has been dismissed. He argues that in the bail rejection order as well as the appellate order nothing has 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 24.7.2019.

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 9.12.2020 and 11.11.2020 are liable to be set aside. Accordingly, the orders dated 9.12.2020 and 11.11.2020 are set aside.

Let the revisionist Pradhan Gautam @ Aklesh Kumar 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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