Uttarakhand High Court
Ajay Singh @ Ajay Kumar vs State Of Uttarakhand on 14 January, 2021
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No.297 of 2020
Ajay Singh @ Ajay Kumar ...........Revisionist
Versus
State of Uttarakhand .........Respondent
Mr. A.K. Pandey, Advocate for the revisionist.
Mrs. Shivangi Gangwar, Brief Holder for the State of Uttarakahnd.
Hon'ble Lok Pal Singh, J.
The present Criminal Revision is preferred
against the judgment and order dated 21.08.2020 passed
by learned Juvenile Court/F.T.C./Additional Sessions
Judge/Special Judge, POCSO, Udham Singh Nagar in
criminal bail appeal no.134/2020, Ajay Singh @ Ajay
Kumar vs. State of Uttarakhand, whereby, appeal
preferred on behalf of the revisionist, against the order
dated 27.07.2020 passed by learned Juvenile Justice
Board in bail application no.33 of 2020, Ajay Singh @
Ajay Kumar vs. State of Uttarakhand (FIR No.210/2020,
under Sections 364, 302 & 201 of IPC), P.S. I.T.I., District
Udham Singh Nagar, has been dismissed.
2. Learned counsel for the revisionist submitted
that revisionist was arrested in connection with FIR
No.210 of 2020, relating to offence punishable under
Sections 364, 302 & 201 of IPC. He submitted that the
revisionist is in juvenile custody since 17.07.2020. The
revisionist moved bail application before the Juvenile
Justice Board, but the same was dismissed vide order
dated 27.07.2020. Learned counsel for the revisionist
argued that the order passed by the Juvenile Board is
incorrect.
3. Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2000, provides that when any
person accused of a bailable or non-bailable offence, and
apparently a juvenile, is arrested or detained or appears
or is brought before a Board, such person shall,
notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974) or in any other law
for the time being in force, be released on bail with or
without surety [or placed under the supervision of a
Probation Officer or under the care of any fit institution or
fit person] but he shall not be so released if there appear
reasonable grounds for believing that the release is likely
to 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.
4. Thus, as per Section 12 of the Act, the revisionist
shall be subject to the condition mentioned in the Act. In
the present case, admittedly, the revisionist is a Juvenile.
Learned counsel for the revisionist submitted that the
family members of the revisionist have no criminal
history. Father of the revisionist is ready to keep
revisionist with him and is ready to give undertaking.
5. Considering the facts and circumstances of the
case, this Court finds it a fit case for granting bail.
6. The present revision is allowed. Impugned judgment
and order dated 21.08.2020 passed by learned Juvenile
Court/F.T.C./Additional Sessions Judge/Special Judge,
POCSO, Udham Singh Nagar in criminal bail appeal
no.134/2020, Ajay Singh @ Ajay Kumar vs. State of
Uttarakhand, whereby, appeal preferred on behalf of the
revisionist against the order dated 27.07.2020 passed by
learned Juvenile Justice Board in bail application no.33
of 2020, Ajay Singh @ Ajay Kumar vs. State of
Uttarakhand (FIR No.210/2020, under Sections 364, 302
& 201 of IPC), P.S. I.T.I., District Udham Singh Nagar is
set aside.
7. Let revisionist Ajay Singh @ Ajay Kumar be released
on bail on executing a personal bond by his father and
furnishing two reliable sureties each of the like amount
by his father to the satisfaction of Juvenile
Court/F.T.C./Additional Sessions Judge/Special Judge,
POCSO, Udham Singh Nagar. His father shall give an
undertaking that the juvenile will remain in his custody
and he will take care of the juvenile.
(Lok Pal Singh, J.)
14.01.2021
Ravi
