Allahabad High Court
Pradeep Kumar Juvenile Thru. ... vs State Of U.P. And Anr. on 6 April, 2022
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- CRIMINAL REVISION No. - 458 of 2021
Revisionist :- Pradeep Kumar Juvenile Thru. Brother Sandeep Kumar
Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Arjun Singh Kalhans
Counsel for Opposite Party :- G.A.,Arun Kumar Tewari,Dharmendra Kumar Pandey
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the revisionist and the learned A.G.A. for the State.
The present revision has been preferred against the order dated 13.07.2021 passed by the Additional District & Sessions Judge/Special Judge POCSO Act, Gonda, in Criminal Appeal No. 18 of 2020 (Pradeep Kumar Vs. State of U.P.), affirming the judgment of the Board as well as order dated 24.06.2021 passed by Juvenile Justice Board, Gonda by which the Board denied to release the revisionist on bail in Misc. Case No. 28 of 2020 (State Vs. Manish Singh), arising out of Case Crime No. 312 of 2020, under Section 304 I.P.C., Police Station Wazeerganj, District Gonda.
Counsel for the revisionist has submitted that six days belated F.I.R. was lodged on 14.08.2020, though the date of incident is mentioned ie. 08.10.2020. The inquest was conducted on 11.10.2020 and the post mortem was also conducted on the same day. Thereafter the F.I.R. was lodged on 14.10.2020, which is well thought. Counsel for the revisionist further submitted that the statement of the witnesses were recorded under Section 161 Cr.P.C. on 18.10.2020 and there is contradiction in between the statement of these witnesses and the version of the F.I.R. and in the statement under Section 161 Cr.P.C., the witnesses have included their case. The post mortem indicates that there is one injury 10 cm X 8 cm on the front of right chest. Counsel for the revisionist has further submitted that other co-accused namely, Siyaram Paswan and Vidyawati Paswan who caught hold of the deceased have been granted bail by the court below vide orders dated 21.12.2020 and 10.11.2020 respectively. Counsel for the revisionist has further submitted that the revisionist is aged about 16 year two months and has been declared juvenile.
Learned A.G.A. opposed the prayer for bail but could not point out anything material to substantiate his contention and rebut the submissions advanced by the counsel for the revisionist.
I have perused the bail orders of the co-accused and considered the submissions of the counsel for the revisionist and is of the view that the criminal revision is liable to be allowed and the revisionist be enlarged on bail.
Accordingly, the revision is allowed. The impugned orders dated 13.07.2021 passed by the Additional District & Sessions Judge/Special Judge POCSO Act, Gonda, in Criminal Appeal No. 18 of 2020 (Pradeep Kumar Vs. State of U.P.), affirming the judgment of the Board as well as order dated 24.06.2021 passed by Juvenile Justice Board, Gonda by which the Board denied to release the revisionist on bail in Misc. Case No. 28 of 2020 (State Vs. Manish Singh), arising out of Case Crime No. 312 of 2020, under Section 304 I.P.C., Police Station Wazeerganj, District Gonda, are set aside.
The revisionist, namely, Pradeep Kumar is directed to be put in the custody of his brother 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 :- 6.4.2022
Arun K. Singh
