Allahabad High Court
Azad @ Chandrasekhar Azad Singh ... vs State Of U.P. Thru. Secy. Home, ... on 8 February, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL REVISION No. - 905 of 2022
Revisionist :- Azad @ Chandrasekhar Azad Singh Thru. Mother Smt. Pushpa Devi
Opposite Party :- State Of U.P. Thru. Secy. Home, Lko. And 3 Others
Counsel for Revisionist :- Suresh Chandra Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the revisionist, Sri Sushil Kumar Pandey, learned A.G.A. for the State and perused the record.
Instant Criminal Revision has been filed for setting-aside the order dated 03.08.2022 passed by the learned Additional Special Judge,Court No. 12,Sultanpur, in Criminal Appeal Juvenile No. 61 of 2022 under section 101 of the Juvenile Justice (Care and Protection of Children)Act, 2015 (Azad @ Channdrasekhar Azad Singh vs. State of U.P. & Another), and the order dated 02.07.2022 passed by Juvenile Justice Board, Sultanpur rejecting the bail application of the revisionist in Case Crime No. 121 of 2022, Juvenile Case No. 136 of 2022, under sections 376-D,504 I.P.C. and section 5/6 of the POCSO Act, Police Station-Dostpur, District Sultanpur.
Learned counsel appearing for the revisionist submits that the revisionist is innocent and has falsely been implicated in the instant case. He next added that the revisionist was 12 years and some of months of the age at the time of alleged incident and he was never involved in committing offence as has been alleged in the F.I.R. He further added there is no independent eye witness of alleged incident. He further submits that there is no extenal or internal injury over the body of the victim and the District Probation Officer's report also favours the version of the revisionist/applicant. The revisionist is languishing in jail since 18.05.2022 and there is no possibility of conclusion of the trial in near future, and as such the revisionist may be released on bail.
Further the guardian/parent undertakes that they will take all care and caution so that the revisionist should not involve in any offence.
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 02.07.2022 passed in Bail application by the learned Juvenile Justice Board, Sultanpur,arising out of Case Crime No. 121 of 2022 under Sections 376 D & 504 I.P.C. and Section 5/6 of the POCSO Act, Police Station-Dostpur, District-Sultanpur as well as the judgement and order dated 03.08.2022 in Criminal Appeal No. 61 of 2022 passed by the Learned Additional Special Judge, Court No.12, Sultanpur, are hereby set aside.
It is directed that the the revisionist be released on bail in aforementioned Case Crime No.121 of 2022 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
AKS
