Allahabad High Court
Revisionist Is Minor 'A' Son Of 'B' ... vs State Of U.P. Thru. Prin. Secy. ... on 17 February, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL REVISION No. - 966 of 2022
Revisionist :- Revisionist Is Minor 'A' Son Of 'B' Thru. His Natural Guardian
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another
Counsel for Revisionist :- Vaibhav Srivastava
Counsel for Opposite Party :- G.A.,Sandip Kumar Yadav,Shashi Kant Dwivedi
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the revisionist and Shri Sandip Kumar Yadav, learned counsel for opposite party No. 2 as well as learned A.G.A. for the State and perused the record.
The instant criminal revision has been filed with the prayer to allow the criminal revision and quash/set-aside the impugned order dated 14.06.2022 passed by the learned Additional Sessions Judge/Special Judge, POCSO Act-II, District- Faizabad in Criminal Appeal No. 24 of 2022 (Lakiraj @ Sonu vs. State of U.P.) as well as the impugned order dated 22.11.2021 passed by learned Principal Magistrate/Juvenile Justice Board, Faizabad on the bail application moved by the revisionist in Case Crime No. 374 of 2021, under Sections 147, 148, 149, 341, 304, 323, 504 & 506 of the I.P.C., Police Station- Kotwali Bikapur, District- Ayodhya. Further prayer is made to release the revisionist on bail in the aforesaid case.
Learned counsel for the revisionist submits that the revisionist is innocent and he has been falsely implicated in the instant matter. He next added that general role has been assigned to all the accused persons including the revisionist and even the injured has not assigned any specific role and further added there is no substantial or corroborative evidence against the revisionist so as to connect him in the instant matter. He further submitted that the revisionist was never involved in committing offence and due to annoyance, his name has been placed in the F.I.R. He next added that the DPO's report also favours the contention of the revisionist. In the DPO's report, there is no strong or adverse material against the revisionist and the revisionist is a law abiding citizen and he is languishing in jail since 24.06.2021. The counsel next added that the guardian of the revisionist undertakes that the revisionist will not again involve himself in any kind of 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 impugned Judgment and Order dated 14.06.2022 passed by the learned Additional Sessions Judge/Special Judge, POCSO Act-II, District- Faizabad in Criminal Appeal No. 24 of 2022 (Lakiraj @ Sonu vs. State of U.P.) as well as the impugned order dated 22.11.2021 passed by learned Principal Magistrate/Juvenile Justice Board, Fizabad on the bail application moved by the revisionist in Case Crime No. 374 of 2021, under Sections 147, 148, 149, 341, 304, 323,504 & 506 of the IPC, Police Station- Kotwali Bikapur, District- Ayodhya is hereby set aside.
It is directed that the the revisionist be released on bail in aforementioned Case Crime No.374 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 brother 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 :- 16.2.2023
G.Singh
