Allahabad High Court
Jhinak @ Rajkishore vs State Of U.P. And Another on 13 May, 2022
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- CRIMINAL REVISION No. - 1207 of 2022
Revisionist :- Jhinak @ Rajkishore
Opposite Party :- State Of U.P. And Another
Counsel for Revisionist :- Yashpal Yadav,Brijesh Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material available on record.
The present criminal revision has been filed against the Judgement and order dated 01.11.2021 passed by District and Session Judge Gorakhpur in Criminal Appeal No. 119 of 2021 (Jhinak @ Rajkishore versus State of U.P.) by which bail application of juvenile/appellant rejected on conforming the judgment and order dated 13.10.2021 passed by Juvenile Justice Board, Gorakhpur rejecting the revisionist Bail Application in Case Crime No. 1035 of 2020 under Section 3(1) of U.P. Gangster Act 1986, at Police Station-Ramgartal, District-Gorakhpur.
Learned counsel for the revisionist has submitted that the revisionist is innocent and has been falsely implicated in the present case due to some ulterior motive. He further submits that criminal history of the revisionist has been explained in paragraph no. 9 of the paper book. Learned counsel for the revisionist has further submitted that the revisionist was aged about 17 years 3 months and 28 days at the time of incident. The revisionist was declared as juvenile in conflict of law on 31.08.2021 but even that both the court below were failed to consider the special provision for bail to juvenile; only gravity of the offence is not relevant consideration for refusing grant of bail to juvenile as has been envisaged in Section 12 of the Juvenile Justice (Care and Protection) Act and it has been consistent view of various courts; the Board or the lower appellate court has not given any reason or material on record which shows that release of the juvenile is likely to bring him into association with any known criminal or expose him to moral physical or psychological danger, that his release would defeat the ends of justice; there is no criminal history of the revisionist and there is no hope of early conclusion of the trial. The revisionist is in jail since 07.04.2021.
Learned counsel for the revisionist has further submitted that bail application of the Juvenile has been rejected primarily taking into account the gravity of the offence alleged to have been committed without there being any substance. He has further submitted that once a person has already been declared Juvenile, his bail cannot be rejected on account of gravity of offence committed, if there is no other reason as required for not granting bail. He has further submitted that there exists no ground as specified in Section 12 of Juvenile Justice (Care and Protection) Act for rejection of bail application. The orders passed by the appellate court as well as the Juvenile Justice Board do not disclose any concrete reason for concluding that release of revisionist would bring him in association with bad elements of society and his release would expose him morally, physically and psychologically.
On the other hand, Learned A.G.A. has vehemently opposed the prayer for bail.
Gravity of the offence has not been mentioned as a ground to reject the bail. It is not a relevant factor while considering to grant bail to the juvenile. It has been so held by this Court in the cases of Shiv Kumar alias Sadhu Vs. State of U.P. 2010 (68) ACC 616(LB); Abdullah @ Abdul Hassan Vs. State of U.P. and Others [2015 (90) ACC 204]; Maroof Vs. State of U.P. and Another [2015 (6) ADJ 203]; Criminal Revision No. 112 of 2015 (Suraj @ Ashok Sukla Thru. Father Mahendra Shukla Vs. State of U.P. and Another) and Amit Kumar Vs. State of U.P. 2010(71) ACC 209 decided on 02.07.2015.
It is evident that there is no satisfactory material on record to conclude that the release of juvenile would expose him to moral, physical or psychological danger or that it would defeat the ends of justice or would bring him into association of known criminals. In the circumstances, I am of the opinion that revisionist deserves to be released on bail to his parents or legal guardians in absence thereof.
Accordingly, this criminal revision is allowed. The impugned judgments/orders passed by the courts below are hereby set aside.
Let revisionist-Jhinak @ Rajkishore be enlarged on bail in Case Crime No. 1035 of 2020 under Section 3(1) of U.P. Gangster Act 1986, at Police Station-Ramgartal, District-Gorakhpur on furnishing a personal bond by either of his parents and in absence by his legal guardians two sureties each in the like amount to the satisfaction of the Court concerned and subject to following conditions:-
(i) That the natural guardian of the revisionist will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the natural guardian will ensure that the juvenile will not repeat the offence.
(ii) The revisionist and his natural guardian will report to the District Probation Officer on the first Wednesday of every calendar month commencing with the first Wednesday of June, 2022 and if during any calendar month the first Wednesday falls on a holiday, then on the next following working day.
(iii) The District Probation Officer will keep strict vigil on the activities of the revisionist and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such periodical basis as the Juvenile Justice Board may determine.
However, considering the peculiar facts and circumstances of the case, the court below is directed to make every possible endeavour to conclude the trial of the aforesaid case within a period of four months from today without granting unnecessary adjournments to either of the parties.
Order Date :- 13.5.2022
SY
