Allahabad High Court
Kuldeep Yadav Thru. His Eldar ... vs State Of U.P. Thru. Prin. Secy. ... on 4 April, 2022
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- CRIMINAL REVISION No. - 154 of 2022
Revisionist :- Kuldeep Yadav Thru. His Eldar Brother Pradip Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others
Counsel for Revisionist :- Umesh Singh
Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
Although the notice upon respondent No. 2 has been served, no one appeared on his behalf.
Heard Sri Umesh Singh, learned counsel for the revisionist and the learned A.G.A. for the State.
The present revision has been preferred under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2000 against the judgment and order dated 04.02.2022 passed by the Additional Sessions Judge/Special Judge POCSO Act, Ambedkar Nagar, in Juvenile Appeal No. 02 of 2022, arising out of Case Crime No. 0087 of 2021, under Sections 363, 376, 452, 506 I.P.C. and 3/4 POCSO Act, Police Station Katka, District Ambedkar Nagar, as well as the order dated 06.01.2022 passed by the Juvenile Justice Board, Ambedkar Nagar rejecting the bail application of the revisionist.
Learned counsel for the revisionist has submitted that without specific date, the prosecution has alleged that three accused persons, one by one have entered into complainant's house and while her family members were sleeping and in interval of few dates one by one kept on committing rape upon her. counsel for the revisionist/applicant has further submitted that as per the medical report the age of the girl is about 17-18 years. The applicant/revisionist was also declared juvenile and his age is 16 years and 5 months. It is further submitted that co-accused, namely, Gulshan and Shamsher against whom allegation of rape is levelled under Section 164 Cr.P.C., have been enlarged on bail in Bail Application Nos. 11599 of 2021 (on 15.12.2021) and Criminal Misc. Bail Application No. 11670 of 2021 (on 09.02.2022), respectively, which has been annexed collectively as Annexure No. -8 to this revision. It is further submitted that the applicant/revisionist is in custody since 14.12.2021 and the applicant/revisionist has no previous criminal history.
In view of the aforesaid, the criminal revision is liable to be allowed and the revisionist be enlarged on bail.
Accordingly, the revision is allowed. The impugned orders dated 04.02.2022 and 06.01.2022, are set aside.
The revisionist, namely, Kuldeep Yadav is directed to be put in the custody of his father and be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the concerned Juvenile Justice Board subject to the condition that the parent/guardian of the revisionist will take care of his education and betterment and will not allow to indulge him in any criminal activity and will keep constant check on his activities. Both the sureties are directed to be close relatives of the revisionist juvenile.
Order Date :- 4.4.2022
Arun K. Singh
