Allahabad High Court
Akash Yadav vs State Of U.P. And Another on 3 February, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- CRIMINAL REVISION No. - 2377 of 2021
Revisionist :- Akash Yadav
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Kashi Nath Singh Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
2. This revision has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the impugned judgment and order dated 4.9.2021 passed by the learned Special Judge, (POCSO Act), Court No.1, Ghazipur whreby the learned lower appellate Court dismissed the criminal appeal filed by the appellant as well as order 13.8.2021 passed by learned Juvenile Justice Board Ghazipur in Misc. Case No. 27 of 2021 (State Vs. Akash Yadav) related to Case Crime No. 57 of 2021 under Section 304, 323, 504, 506 IPC, Police Station Khanpur, District Ghazipur whereby the bail/custody application of the revisionist has been rejected.
3.The accused-revisionist has turned major. He has been in observation home since 13th August, 2021. He has undergone 18 months imprisonment. The accused-revisionist has no criminal history. It has also submitted that one of the three accused has been enlarged on bail by the lower trial court and the bail of other co-accused is pending before this Court.
5. Considering the facts and circumstances of the case, this Court deem it appropriate to enlarge the accused-revisionist on bail.
6. The present revision is allowed.
7. The impugned order dated 17.12.2020 is set aside.
8. Let accused-revisionist Akash Yadav be released by the trial court 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 :- 3.2.2023
Kumar Manish.
