Allahabad High Court
Revisionist X Thru. His Mother Y vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 2 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:10063
Court No. - 27
Case :- CRIMINAL REVISION No. - 936 of 2023
Revisionist :- Revisionist X Thru. His Mother Y
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Revisionist :- Rajesh Kumar
Counsel for Opposite Party :- G.A.,Abhishek,Utkarsh Misra
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rajesh Kumar, the learned counsel for the revisionist, Sri Rishikesh Verma, the learned A.G.A appearing on behalf of the State and Sri Utkarsh Mishra, the learned counsel for the opposite party no.2 and perused the record.
2. In the memo of the application, the name and the other particulars of the juvenile revisionist have been mentioned whereas the identity of the juvenile should not be disclosed. Therefore, the learned counsel for the applicant is directed to delete the particulars of the juvenile from the memo of the application and impleade him in such a manner that his identity is not disclosed.
3. The registry of this court is also directed to make suitable correction in the computer system and website to conceal the identity of the juvenile and described him as 'X-Juvenile Thru. Legal Guardian'.
4. The instant criminal revision has been filed under Section 102 of the Juvenile Justice (Care and Protection) Act, 2015, challenging the validity of orders dated 04.05.2023 passed by the Juvenile Justice Board, Ambedkar Nagar rejecting the bail application of the revisionist and the judgment and order dated 19.06.2023 passed by the Additional District and Sessions Judge/ Special Judge (POCSO Act), Ambedkar Nagar, dismissing the Criminal Appeal No. 15/2023 filed by the revisionist against rejection of his bail application.
5. The F.I.R lodged in the present case was lodged against four persons, including the revisionist, alleging that all the accused persons had killed the informant's son. A co-accused Nilesh Verma has already been granted bail in the present case by means of an order dated 03.01.2024 passed by this court in Criminal Misc. Bail Application No. 14284 of 2023.
6. The allegations levelled against the revisionist were similar to those levelled against the co-accused person who has already been granted bail.
7. A copy of the Social Inquiry Report submitted by District Probation Officer has been annexed with the affidavit, wherein it does not mention any peculiar circumstance against the revisionist, which may warrant rejection of his bail application.
8. Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the revision deserves to be allowed.
9. Accordingly, the revision is allowed. The impugned orders dated 04.05.2023 passed by the Juvenile Justice Board rejecting the bail application of the applicant and the judgment and order dated 19.06.2023 passed by the Additional District Sessions Judge/ Special Judge (POCSO Act), Ambedkar Nagar, dismissing the Criminal Appeal No. 15/2023 filed by the revisionist against rejection of his bail application are hereby set aside.
10. Let the revisionist- Revisionist X Thru. His Mother Y be released on bail in the aforesaid case upon his guardian furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Ambedkar Nagar subject to the following conditions:-
(i) the natural guardian will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the guardian will ensure that the juvenile will not indulge in any criminal activity;
(ii) natural guardian will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do.
(iii) juvenile accompanied by his natural guardian, will report to the Probation Officer on the first working day of every calendar month. The D.P.O. shall maintain a diary recording their attendance.
(iv) The District Probation Officer will keep strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Ambedkar Nagar.
11. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court/J.J.Board shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.
(Subhash Vidyarthi,J.)
Order Date :- 2.2.2024
Preeti.
