Mr. X Through His Father vs State Of Uttarakhand
2023 Latest Caselaw 3476 UK

Uttarakhand High Court

Mr. X Through His Father vs State Of Uttarakhand on 29 November, 2023

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    29th NOVEMBER, 2023

              CRIMINAL REVISION NO. 625 of 2023

Mr. X through his father                                   .....Revisionist

                               Versus

State of Uttarakhand                                     .....Respondent

Counsel for the Revisionist             :         Mr. B.M. Pingal,
                                                  Advocate.
Counsel for the Respondent              :         Mr. Bhaskar Joshi,
                                                  A.G.A.
Hon'ble Alok Kumar Verma,J.

The Juvenile Justice Board, Pithoragarh (in

short, "Board") was satisfied on an enquiry that the

proposed revisionist-child in conflict with law had

committed the offence under Section 51 read with Section

39 of the Wild Life (Protection) Act, 1972 and Section 8

read with Section 20 of the Narcotic Drugs and

Psychotropic Substances Act, 1985, therefore, the Board

directed him to be sent to a Special Home for a period of

two years. Against the order dated 10.01.2020, passed by

the Board in the said enquiry, an Appeal was filed. The

said Appeal has been dismissed vide judgment dated

05.08.2023, passed by learned Children Court/Special

Sessions Judge (NDPS), Pithoragarh.

2. The case of the prosecution is that on

08.01.2019, two persons sitting on a scooty were arrested

by the police party. Guldar skin and 480 grams of Charas

were recovered from the possession of the person driving

the scooty and 389 grams of Charas was recovered from

the possession of the revisionist sitting pillion on the

scooty.

3. Mr. B.M. Pingal, Advocate, contended that there

are material contradictions in the statements of the

prosecution witnesses. Nothing was recovered from the

revisionist and the prosecution has failed to produce any

cogent and reliable evidence to connect the revisionist

with the said offences.

4. Mr. Bhaskar Joshi, learned A.G.A., has opposed

the bail application.

5. In the facts and circumstances of the case, the

Bail Application (IA No.01 of 2023) is allowed.

6. Let the revisionist, who is detained in the

Special Home, be released on bail after furnishing a

personal bond by his natural guardian/father with two

reliable sureties, each in the like amount, to the

satisfaction of the Juvenile Justice Board, Pithoragarh, with

the condition that the natural guardian/father will furnish

an undertaking that upon release on bail, the revisionist

will not be permitted to come into contact with any known

criminal.

7. List on 19.02.2024 for final hearing.

___________________ ALOK KUMAR VERMA, J.

Dt: 29.11.2023 Neha