Aniket @ Roni Singh @ Tatal vs State Of U.P. And Another
2021 Latest Caselaw 6448 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL REVISION No. - 1878 of 2020
 

 
Revisionist :- Aniket @ Roni Singh @ Tatal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- U.C. Chaturvedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

This present revision has been filed challenging the order dated 12.10.2020 passed by the Special Additional Sessions Judge (POCSO) Act, Muzaffar Nagar in criminal appeal no. 9 of 2020 (Aniket @ Roni Singh @ Tatal Vs. State of U.P. and another) and order dated 15.6.2020 passed by Juvenile Justice Board, Muzaffar Nagar in Bail Application No.503/12A of 2020 (Aniket @ Roni Singh @ Tatal Vs. State) filed by the revisionistin connection with Case Crime No. 26 of 2020, under Sections 147, 148, 149, 302 IPC, P.S. Nai Mandi, District Muzaffar Nagar.

The contention of the counsel for the revisionist is that admittedly the revisionist has been declared as juvenile vide order dated 6.3.2020. He further argues that the revisionist is not even named in the FIR in question and lastly 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 20.1.2020 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 15.6.2020 and 12.10.2020 are liable to be set aside. Accordingly, the orders dated 15.6.2020 and 12.10.2020 are set aside.

Let revisionist Aniket @ Roni Singh @ Tatal 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

piyush