Usman vs State Of U.P. And Another
2021 Latest Caselaw 6468 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL REVISION No. - 166 of 2021
 

 
Revisionist :- Usman
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Revisionist :- Sandeep Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Sandeep Kumar Srivastava, learned counsel for the revisionist as well as learned AGA for the State through video conferencing and perused the record.

This revision has been filed challenging order dated 3.12.2020 passed by the Juvenile Justice Board, Amroha whereby the bail application of the revisionist in Case No. 1422 of 2020 arising out of Case Crime No. 135 of 2020, under Sections 376, 504, 506 IPC, Police Station Bachharayun, District Amroha was rejected as well as the order dated 14.12.2020 passed by Sessions Judge, Amroha whereby the Criminal Appeal No. 26 of 2020 filed against the same has also been dismissed.

Counsel for the revisionist argues that the revisionist is innocent and has been falsely implicated in this case. The victim is major and is consenting party. Statements of victim were recorded under sections 161 and 164 Cr.P.C. in which she has stated that the revisionist has developed physical relations with her on false assurance of marriage. Learned counsel for the revisionist further submits that since victim is major and is consenting party, no offence is made out against 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 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 who is minor and in custody since 15.6.2020, the revision deserves to be allowed. Accordingly, the revision is allowed and the impugned judgment and orders dated 3.12.2020 and 14.12.2020 are set aside. The bail application of the revisionist is also allowed.

Let revisionist Usman 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.

The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

Order Date :- 21.6.2021

P.P.