Arjun Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 7024 MP

                                                         1                              CRR-1051-2021
                              The High Court Of Madhya Pradesh
                                       CRR No. 1051 of 2021
                                   (ARJUN YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 29-10-2021
                            Shri Nitin Shukla, learned counsel for the applicant.

                            Shri Dinesh Patel, learned Panel Lawyer for the respondent/ State.

None for the respondent No.2/victim.

This criminal revision has been filed by the applicant under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 r/w

Section 397/401 of Code of Criminal Procedure, 1973 against the judgment dated 20.02.2021 passed by the learned Additional Sessions Judge to the Court of First Additional Sessions Judge, Balaghat, in Criminal Appeal No.10/2021 confirming the order dated 27.01.2021 passed in Criminal Case No.13/2021 by the learned Principal Magistrate, Juvenile Justice Board, Balaghat whereby application for grant of bail/Supurdnama has been rejected.

The applicant has been arrested by the Police Station Malajkhand District Balaghat in connection with Crime No.No.154/2020 for the offencs punishable under Sections 376, 506 of IPC, Section 4 of Protection of

Children from Sexual Offence Act and Section 3(2)(5) of SC/ST Act.

Prosecution story in brief is that the applicant knowing the fact that prosecutrix is a minor girl and member of SC/ST community threatened her and committed rape with her.

Learned counsel for the applicant submits that the applicant is minor boy aged about 14 years while the prosecutrix is 17 years of the age. A false and fabricated case has been registered against him. The applicant is in observation home since 19.11.2020. It is further submitted that report of Probationary Officer has been received. According to which there is nothing adverse against the applicant. Therefore, in view of the mandatory provisions for bail under the Act, the applicant is entitled for grant of bail/supurdnama to his father. In such circumstances, it is prayed that this criminal revision may Signature Not SAN Verified be allowed by setting aside the orders of the Courts below. Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.10.29 17:49:48 IST 2 CRR-1051-2021 Learned counsel for State has opposed the revision. I have gone through the report of the Probation Officer, which is attached with the case diary. According to which, conduct and behaviour of the applicant is good and there is nothing adverse against him.

Having regard the report of Probationary Officer and age of the

applicant and the prosecutrix, this Court is of the considered view that the applicant is entitled for grant of bail/ Supurdnama.

Accordingly, this revision is allowed and impugned order dated 27.01.2021 passed in Criminal Case No.13/2021 by the learned Principal Magistrate, Juvenile Justice Board, Balaghat, is set aside.

It is directed that if the guardian of the present applicant furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) and a solvent surety of the like amount to the satisfaction of the Juvenile Court with an undertaking that the guardian will take care of the juvenile in conflict with law and also take care that he will not indulge in any kind of criminal activity, the custody of the applicant be handed over to his guardian.

This revision stands allowed and disposed of.

Certified copy as per rules.

                                                                   (SATYENDRA KUMAR SINGH)
                                                                            JUDGE

                      kkc




Signature
 SAN      Not
Verified

Digitally signed by
KRISHAN KUMAR
CHOUKSEY
Date: 2021.10.29
17:49:48 IST