Allahabad High Court
Sahil Thru. His Father Sri ... vs State Of Up Thru. Home Secy. ... on 2 March, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL REVISION No. - 47 of 2022
Revisionist :- Sahil Thru. His Father Sri Hamidullah
Opposite Party :- State Of Up Thru. Home Secy. Lucknow And 2 Others
Counsel for Revisionist :- Bhola Singh Patel,Piyush Kumar Singh,Pravin Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
In Re:- Amendment Application
Learned counsel appearing for the revisionist is pressing the application dated 12.02.2023 and submits that at the time of filing revision, he could not make a prayer with respect to the rejection of order dated 28.09.2021. He submits that he may be permitted to correct the same during course of the day.
Learned counsel for the State has no objection to the contention aforesaid.
Inview of the aforesaid submissions, the instant revision is allowed accordingly.
Order on Revision
Vide order dated 21.01.2022 notice was issued to the opposite party no.3 and the office has reported that the same has been served.
Case called out. None is present on behalf of the opposite party No.2.
In the aforesaid circumstances, Court is proceeding in this matter.
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
The instant revision has been filed with prayer to set aside the order dated 15.12.2021 passed by the Special Judge Pocso Act/Additional Sessions Judge, District Balrampur in criminal appeal no. 11 of 2021, Case No. 42 of 2020, Crime No. 81 of 2020, U/s-366,376D,302,201 IPC 3(2)(V) SC/ST Act., P.S. Kotwali Gasadi, District-Balrampur.
Learned counsel for the revisionist submits that he is innocent and has falsely been implicated in the instant matter. He next added that there is no other corroborative and substantial evidence against the present revisionist so as to connect him in the instant revision. He submits that there is no eye witness of the incident and only on the basis of suspicion, his name has been planted in the FIR and the investigating officer has filed the charge sheet. Further added that the revisionist is in Child Protection home since 01.10.2020 and the DPO report also favours the version of the revisionist and the guardian also undertakes that he will observe good conduct and behavior and he will not indulge himself in committing offence in near future.
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 order dated 15.12.2021 passed by the Special Judge Pocso Act/Additional Sessions Judge, District Balrampur in criminal appeal no. 11 of 2021, Case No. 42 of 2020, Crime No. 81 of 2020, U/s-366,376D,302,201 IPC 3(2)(V) SC/ST Act., P.S. Kotwali Gasadi, District-Balrampur are hereby set aside.
It is directed that the the revisionist be released on bail in aforementioned Case Crime No. 81 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 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 :- 2.3.2023
Mayank
