Allahabad High Court
Aditya Nishad @ Aadi Thru. His ... vs State Of U.P. Thru. Prin. Secy. ... on 20 October, 2022
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL REVISION No. - 708 of 2022
Revisionist :- Aditya Nishad @ Aadi Thru. His Mother Reena Devi
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Revisionist :- Mukesh Singh
Counsel for Opposite Party :- G.A.,Alok Kumar,Deepak Kumar
Hon'ble Brij Raj Singh,J.
Counter affidavit has been filed on behalf of the opposite party no.2 by Sri Deepak Kumar Advocate which is taken on record.
Heard Sri Mukesh Singh learned counsel for the revisionist, Sri Deepak Kumar Advocate learned counsel for the O.P. No.2 and learned A.G.A. for the State and perused the record.
Admit.
The present revision has been preferred with a prayer to allow the present criminal revision and quash/set aside the order dated 24.6.2022 passed by the Special Judge POCSO Act/Additional Session Judge, Faizabad in Criminal Appeal No.25/2022 and Computer Registration No.26/2022 under Section 101 Juvenile Justice Act, 2015 along with order dated 28.4.2022 passed by Juvenile Justice Board, distt. Faizabad under Section 12 of Juvenile Justice Act, 2015 Case Crime No.109/2020 under Section 354, 376-B, 376-D, 386, 306 IPC 5/6 & 7/8 POCSO Act, 67-B I.T. Act and under Section 3 (2) 5 SC/ST Act PS Kotwali Ayodhya distt. Ayodhya and allow the application for bail of the revisionist directing to release the revisionist in Case Crime No.109/2020 under Section 354, 376-B, 376-D, 386, 306 IPC, 5/6 & 7/8 POCSO Act, 67-B I.T. Act and under Section 3 (2) 5 SC/ST Act.
It has been argued by the learned counsel for the revisionist that theco-accused Sushant Chaubey has been granted bail by the order of this Court dated 14.9.2022 in Crl. Revision No.561 of 2020 who was declared juvenile of 16 years, 9 months and 9 days whereas, the present revisionist is declared juvenile of 14 years 9 months and 29 days. He has further submitted that on the statement of the co-accused Sushant Chaubey, the name of the revisionist has surfaced and said Sushant Chaubey has been granted bail by this Court. Therefore, the case of the applicant stands at better footing. It has been further submitted that the revisionist has no criminal history and he is in Juvenile Protection Home since 29.2.2022.
Learned A.G.A. has argued that there is no illegality and infirmity in the impugned orders passed by the Court below. He has also 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.
From the perusal of record, it is evident that material evidence have not been considered by the Court below and there is no proper application of mind while passing impugned orders. In view of aforesaid, the findings recorded by the Court below are not sustainable.
Accordingly, the revision is allowed. The judgment and orders dated 24.6.2022 passed by the Special Judge POCSO Act/Additional Session Judge, Faizabad in Criminal Appeal No.25/2022 and Computer Registration No.26/2022 under Section 101 Juvenile Justice Act, 2015 along with order dated 28.4.2022 passed by Juvenile Justice Board, distt. Faizabad under Section 12 of Juvenile Justice Act, 2015 Case Crime No.109/2020 under Section 354, 376-B, 376-D, 386, 306 IPC 5/6 & 7/8 POCSO Act, 67-B I.T. Act and under Section 3 (2) 5 SC/ST Act PS Kotwali Ayodhya distt. Ayodhya are set aside.
The revisionist - Aditya Nishad @ Aadi is directed to be put in the custody of his mother 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 parents/guardian of the revisionist will take care of his education and betterment and will not allow him to indulge in any criminal activity and will keep constant check on his activities. Both the sureties are directed to be close relatives of the applicant/revisionist juvenile.
Order Date :- 20.10.2022
Rajneesh JR-PS)
