Allahabad High Court
Shoib Khan @ Arman Khan Thru. ... vs State Of U.P. And Anr. on 2 March, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL REVISION No. - 653 of 2021
Revisionist :- Shoib Khan @ Arman Khan Thru. Father Nafees Khan
Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Dileep Kumar Yadav,Dharm Trivedi
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Vide order dated 8.10.2021, notice was issued to the opposite party no.2 and that too has been served .
Case called out.
None is present for the opposite party no.2.
In the aforesaid circumstances, the Court is proceeding to hear the matter.
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
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 with the prayer to allow the criminal revision and set aside the Judgment and order dated 17.3.2021 passed by Additional Sessions Judge, newly constructed POCSO Act and rape matters, Court No.15, Sitapur in Criminal Appeal No.5 of 2021 arising out of Case Crime No.98 of 2020 under Sections 302, 364 I.P.C. Police Station Maholi, District Sitapur and also set aside the order dated 18.1.2021 passed by the Juvenile Justice Board, Sitapur. Further prayer is made to enlarge the accused-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. There is no direct evidence against the revisionist for committing the offence and when the dead body of the deceased was recovered, name of the revisionist has been implicated and charge sheet has been filed. There is no corroborative evidence against the revisionist so as to connect him with the instant matter. He next added that the DPO report also favours the contention of the revisionist. The revisionist is in Child Care Home since 20.3.2020. 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 17.3.2021 passed by Additional Sessions Judge, newly constructed POCSO Act and rape matters, Court No.15, Sitapur in Criminal Appeal No.5 of 2021 arising out of Case Crime No.98 of 2020 under Sections 302, 364 I.P.C. Police Station Maholi, District Sitapur and also set aside the order dated 18.1.2021 passed by the Juvenile Justice Board, Sitapur, are hereby set aside.
It is directed that the the revisionist be released on bail in aforementioned Case Crime No.98 of 2020 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 :- 2.3.2023
Ram Murti
