Allahabad High Court
X- Juvenile vs State Of U.P. And Another on 30 September, 2022
Bench: Jyotsna Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 91
Case :- CRIMINAL REVISION No. - 1464 of 2022
Revisionist :- X- Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Babu Lal Ram,Rachana Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
Heard Sri Babu Lal Ram, learned counsel for the revisionist and learned A.G.A. for the State-respondent no.1. None appears on behalf of the respondent no.2 despite service of notice.
This criminal revision has been filed with the prayer to set aside the order dated 29.01.2022 passed by Juvenile Justice Board, Kanpur Nagar and order dated 05.02.2022 passed by Special Judge (POCSO Act/Additional Sessions Judge, court no.25, Kanpur Nagar by which order of J.J.Board declining bail to the juvenile was affirmed in a criminal case arising out of case crime no.167 of 2021, under Sections 302 and 506 I.P.C., P.S. Bithoor, District Kanpur Nagar.
It is contended on behalf of the revisionist that in this case the juvenile, his parents and his real brother were named in the F.I.R. on the basis of suspicion alleging that as the deceased Suresh had love affair with the mother of the juvenile, therefore, informant strongly suspected that the deceased has been murdered by juvenile and his family members. It is submitted that during investigation no evidence was found against the accused persons except present juvenile. My attention has been drawn towards statements given during investigation by Smt. Meera, Ramvilas and Sunita Nishad with the argument that none of the above persons in fact witnessed the incident and that prosecution relies on them. It is contended that story has been cooked up on the basis of suspicion to implicate the present juvenile. It is also contended that the juvenile is detained since 19.06.2021 and that the impugned orders have been passed in absolute disregard of the consistent view of the courts that nature of the crime and the merits of the case cannot be taken into account while considering bail to the juvenile.
I perused the papers on record. Certain facts are undisputed that in this case the juvenile and his other family members, initially named in the F.I.R. on the basis of suspicion only, in the background of alleged love affair of juvenile's mother with the deceased. Statements given during investigation show that there has not been any eye witness account of the incident. In fact there has not been any circumstantial evidence against the juvenile except so called recovery of weapon of offence from him which as per prosecution version was recovered from behind the house of the deceased where he was said to be killed.
I am of the view, that merit of the matter altogether cannot be ignored while considering grant or refusal of bail to the juvenile. This fact too can not be ignored that in the report of D.P.O. it is mentioned that juvenile desires to continue his studies after grant of bail and that his father at the time of social investigation stated that he has falsely been implicated in this case because of political enmity relating to elections.
I perused the impugned orders. Bail has been declined by the J.J.Board on the basis of observations that the family of the deceased was outraged because of this incident. Hence, juvenile shall face imminent danger to his life if released. Learned Appellate Court has drawn conclusion that there is a possibility of him falling in bad company; he may be exposed moral, physical or psychological danger and that his release shall give wrong message to the society and shall defeat ends of justice. However, no real reasons have been given by the appellate court. In my view, there has not been any material to substantiate the grounds given for declining bail to the juvenile. The juvenile is in detention since 19.06.2021, almost one year three months have elapsed since then.
In view of the above, especially, in view of the period of incarceration already undergone, the revision is allowed. The judgment and order dated 29.01.2022 passed by Juvenile Justice Board, Kanpur Nagar and order dated 05.02.2022 passed by Special Judge (POCSO Act/Additional Sessions Judge are hereby set aside.
Let the revisionist, minor "X' through his natural guardian/father Ram Babu, resident of village Mohanpurwa, P.S. Bithoor, District Kanpur Nagar be released on bail in Case Crime No. 167 of 2021, under Sections 302 and 506 I.P.C., P.S. Bithoor, District Kanpur Nagar upon his father Ram Babu furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Kanpur Nagar subject to the following conditions:
(i) that the natural guardian/ father Ram Babu 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 mother will ensure that the juvenile will not indulge in any criminal activity;
(ii) The revisionist shall not tamper with the evidence or threaten the witnesses;
(iii) The revisionist through guardian shall also file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court;
Order Date :- 30.9.2022
Asha
