Shubham Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 3775 MP

                                                          1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                              ON THE 3 rd OF MARCH, 2023
                                          CRIMINAL REVISION No. 70 of 2023

                         BETWEEN:-
                         SHUBHAM TIWARI S/O SHRI RAJESH TIWARI, AGED
                         ABOUT 17 YEARS, OCCUPATION: STUDENT (MINOR)
                         THROUGH NATURAL GUARDIAN FATHER SHRI RAJESH
                         TIWARI NAWJIVAN BIHAR SECTOR-2 POLICE STATION
                         VINDHYANAGAR DISTRICT- SINGRAULI, M.P (MADHYA
                         PRADESH)

                                                                                     .....PETITIONER
                         (BY SHRI M.P.SHUKLA - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION VINDHYA NAGAR DISTRICT-
                               SINGRAULI, M.P. (MADHYA PRADESH)

                         2.    VICTIM X D/O NOT MENTION THROUGH
                               CONCERN POLICE STATION VINDHYANAGAR
                               DISTRICT SINGRAULI (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                         (BY SHRI S.K.MALVI - PANEL LAWYER)

                               This revision coming on for admission this day, th e court passed the
                         following:
                                                           ORDER

This Criminal Revision has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2000 assailing the order dated 06/05/2021 passed by First Additional Sessions Judge, Singrauli in Criminal Appeal No.14/2021, The present applicant has been arrested on 25/01/2021 in Crime Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 3/3/2023 6:52:36 PM

No.73/2021 registered at Police Station Vindhyanagar District Singrauli for the offence punishable under Sections 376, 376(2)(n), 376D, 376DA, 354 of IPC and Section 5,6,11,12,13 and 14 of POCSO Act and Section 3(2)(v), 3(1)(2)(i) of SC/ST (Prevention of Atrocities Act).

Counsel for the applicant submits that the trial in respect of the present applicant has already been completed treating him to be a juvenile. He submits that because of stay in trial the final judgment could not be passed in the case of the present applicant. He submits that one of the co-accused namely Siddharth Dubey who is also facing the same allegation has been granted bail and his custody was given by the Court vide order dated 28/06/2022 in

Cr.R.No.1606/2021. The report of the Presiding Officer of observation home has also come in which there is nothing adverse against the present applicant.

Counsel for the State has opposed the bail application and submitted that statement of prosecutrix who was aged about 11 years has been recorded. He further submits that considering the statement of prosecutrix, application is not entitled to be released on bail.

Considering the submissions made by counsel for parties, perusal of case diary and the fact that one of the co-accused namely Siddhary Dubey has been granted bail this revision is accordingly allowed.

It is directed that if father of the present applicant furnishes a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac) and one solvent surety in the like amount to the satisfaction of the Children's Court, Singrauli / Special Judge (POCSO), Singrauli with an undertaking that father of the applicant 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 father.

Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 3/3/2023 6:52:36 PM

Accordingly, this revision petition is disposed of Copy of this order be sent to the learned trial court for necessary compliance.

(SANJAY DWIVEDI) JUDGE sushma

Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 3/3/2023 6:52:36 PM