Allahabad High Court
Akash Singh Thru. His Father Sri ... vs State Of U.P. Thru. Prin. Secy. ... on 3 February, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL REVISION No. - 880 of 2022
Revisionist :- Akash Singh Thru. His Father Sri Dinesh Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Revisionist :- Bijay Raj Verma,Jyoti Rajpoot,Sachida Nand
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Counter Affidavit filed by the State is taken on record.
Vide order dated 29-08-2022, the notice was issued to opposite party no. 2 and as per the office report dated 23-09-2022, the notice has personally been served on opposite party no. 2.
Case called out.
Neither the opposite party no. 2 nor his counsel is present.
In view of the aforesaid, the court is proceeding in the matter.
Heard learned counsel for the revisionist, Sri Ajay Singh Tomar, learned A.G.A. for the State and perused the record.
Instant Criminal Revision has been filed for setting-aside the order dated 20.06.2022 passed by the learned Special Judge, POCSO Act-I/A.S.J. Faizabad dismissing the Criminal Appeal No. 23 of 2022 (Akash Singh vs. State of U.P.) arising out of judgment and order dated 13.05.2022 passed by Juvenile Justice Board, Faizabad rejecting the bail application of the revisionist in Case Crime No. 18 of 2021, (State vs. Akash Singh), under Sections 420,468,471 I.P.C. and section 66-D of I.T.(Amendment) Act,2008, Police Station - Cyber Crime Ayodhya.
Learned counsel appearing for the revisionist submits that the revisionist is not named in the F.I.R. and on the basis of false recovery, his name has been planted in the instant matter. He next added that there is no direct evidence against the revisionist so as to connect him in the instant matter and due to anonymity, the chargesheet has been filed against the revisionist. He next added that there is history of five criminal cases, which has been mentioned in the Counter Affidavit filed on behalf of State. He next added that the revisionist is languishing in jail since 20-10-2021. He further submits that the identically situated co-accused namely, Hari Om Singh, who was major at the time of the incident,has already been enlarged on bail by this court vide order dated 20-01-2023 passed in Criminal Misc. Bail Application No. 2605 of 2022. He next added that District Probation Officer's report also favours the version of the revisionist/applicant. The revisionist is languishing in jail since 20.10.2021 and there is no possibility of conclusion of the trial in near future, and as such the revisionist may be released on bail.
On the other hand, learned Additional Government Advocate has vehemently opposed the contention aforesaid and submits that the present revisionist is named in the first information report . He next added that there are several evidences against the revisionist which could show his involvement in the offence, and as such, the revisionist is not entitled for any relief.
There is no material on record to indicate that in case the revisionist is released, it would bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
Resultantly, the criminal revision is hereby allowed.
The impugned Judgment and order dated 13.05.2022 passed in Bail application by the learned Juvenile Justice Board, Faizabad arising out of Case Crime No. 18 of 2021 under Sections 420,468,471 I.P.C. and Section 66-D of I.T. (Amendment) Act,2008, Police Station-Cyber Crime, Ayodhya and as well as the judgement and order dated 20.06.2022 in Criminal Appeal No. 23 of 2022 passed by the Learned Special Judge, POCSO Act-I/A.S.J., Faizabad are hereby set aside.
It is directed that the the revisionist be released on bail in aforementioned Case Crime No.18 of 2021 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of concerned Juvenile Justice Board subject to the condition that the father 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 :- 3.2.2023
AKS
