Allahabad High Court
Suraj (Minor) Thru. Her Mother ... vs State Of U.P. Thru. Prin. Secy. ... on 8 February, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL REVISION No. - 936 of 2022
Revisionist :- Suraj (Minor) Thru. Her Mother Sushma Devi
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another
Counsel for Revisionist :- Ravindra Singh
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 12.9.2022, notice was issued to the opposite party no.2 and that too has been served upon the opposite party no.2 as per the office report.
Case called out.
None is present on behalf opposite party no.2.
In the aforesaid circumstances, the Court is proceeding to hear the matter.
Heard learned counsel for the revisionist, Sri Aniruddh Kumar Singh, learned A.G.A. for the State and perused the record.
Instant criminal revision has been filed with the prayer to allow the criminal revision and set-aside the impugned Judgment and order dated 8.6.2022 passed by Additional Session Judge, Court No.14, Hardoi in Criminal Appeal No. 28 of 2022 and the order dated 5.5.2022 passed by the Juvenile Justice Board, Hardoi in Case Crime No.678 of 2021 under Section 302 I.P.C., Police Station Kotwali Dehat, District Hardoi and release the revisionist on bail during the pendency of the trial/enquiry.
Learned counsel for the revisionist submits that the revisionist is innocent and he has been falsely implicated in the instant matter. Revisionist is not named in the F.I.R. During investigation, the complainant was found involved in committing the offence and, thereafter, statement of the complainant was recorded and then name of the revisionist came into light. There is no direct evidence against the revisionist and he has been implicated only on the basis of the statement of the complainant who later on was made an accused. He next added that pistol has been recovered from pointing out of one of the accused, namely, Shivam. The revisionist was not involved in committing the offence and due to enmity, his name has been implicated by the police. He next added that the report of the D.P.O. also favours the contention of the revisionist. After arresting the revisionist, two cases have been slapped by the police over the revisionist. The revisionist is in jail since 29.10.2021. It is further submitted that co-accused Ruchi Patwa has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.2570 of 2022, vide order dated 15.3.2022. In case the revisionist is enlarged on bail, the guardian of the revisionist undertakes that the revisionist will not again involve himself in committing the offence and the revisionist will always observe good conduct and behaviour.
It is further submitted that the Juvenile Justice Board and also the appellate court while rejecting the bail application overlooked the opinion of the district Probation Officer as also the true spirit and intent of the Legislature as provided under Section 12 of the Act. It is submitted that in the present case, no such contingency as provided in Section 12 of the Act is present; rather contrary to it, the District Probation Officer has opined in favour of the juvenile and no adverse material is available against the revisionist. It is next submitted on behalf of the revisionist that bail to a child in reference to Section 12 of the Act in conflict with law is a rule and denial is an exception.
On the other hand, learned A.G.A. for the State does not dispute the legal proposition and submits that the court may pass appropriate order in the best interest of the child.
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 Judgment and order dated 8.6.2022 passed by Additional Session Judge, Court No.14, Hardoi in Criminal Appeal No. 28 of 2022 and the order dated 5.5.2022 passed by the Juvenile Justice Board, Hardoi in Case Crime No.678 of 2021 under Section 302 I.P.C., Police Station Kotwali Dehat, District Hardoi, are hereby set aside.
It is directed that the the revisionist be released on bail in aforementioned Case Crime No.678 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 mother 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 :- 8.2.2023
Ram Murti
