Allahabad High Court
X- Juvenile (Minor) vs State Of U.P. on 2 February, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- CRIMINAL REVISION No. - 519 of 2023
Revisionist :- X- Juvenile (Minor)
Opposite Party :- State of U.P.
Counsel for Revisionist :- Kuldeep Johri
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the revisionist, learned A.G.A. for the state and perused the record.
The present revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been instituted against the judgment and order dated 6th October, 2022 passed by the Special Judge (POCSO Act), Rampur in Criminal Appeal No. 28 of 2022 (Akash Yadav Vs. State of U.P. and another) which was instituted against the order dated Ist December, 2022 passed by the Juvenile Justice Board rejecting the bail application of the accused-revisionist. The learned appellate court has also rejected the appeal considering the heniousness of the offence and taking into consideration the order passed by the Juvenile Justice Board.
As per the prosecution story the victim had come out of his house around 7.30 p.m. on 27th February, 2022 after having meal. Akash son of Shankar, Govind and Vikas were with the deceased. All these four persons including the deceased were seen going together in the evening on 27th February 2021. The deceased did not come back late in the evening. Efforts were made to find out whereabouts of the deceased. On 28th Febuary, 2021 the complainant got the information that a dead body of a boy was lying on the wheat field. The complainant went to the place and found that it was the body of his son, deceased. It is alleged that the deceased was killed by the accused named in the FIR by --------esting on her broken glass of bottle. The accused-revisionist was 15 years of age at the time of the commission of the offence. The accused-revisionist is in jail since 2.3.2021.
Considering the long incarnation of the accused-revisionist in jail for almost two years, this Court deem it appropriate to enlarge the accused-revisionist on bail and, therefore, the instant revision is allowed and aforesaid impugned order dated 6th October, 2022 is set aside.
Let revisionist-Akash Yadav be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The revisionist shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The revisionist shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the revisionist misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the revisionist fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The revisionist shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the revisionist is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 2.2.2023
Kumar Manish.
