Heard learned counsel for the revisionist-applicant, learned AGA for the State, counsel for the opposite party no. 2 and perused the record.
This criminal revision has been preferred by the revisionist-applicant with a prayer to quash the impugned order dated 16.1.2020 passed by Special Judge, POCSO Act/Addl. Sessions Judge-9, Bareilly in Criminal Appeal No. 240 (345) of 2019, by which appeal of the revisionist-applicant was dismissed affirming the order dated 14.11.2019 passed by Juvenile Justice Board, Bareilly in Case Crime No. 122 of 2019, under Sections 376, 506 IPC, 67A I.T. Act and 5/6 of POCSO Act, P.S. Mahila Thana, District- Bareilly.
Learned counsel for the revisionist-applicant has submitted that the revisionist-applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the revisionist-applicant has next submitted that applicant has already been declared juvenile vide order dated 3.10.2019.
Learned counsel for the revisionist-applicant has drawn the attention of the Court to the report of District Probation Officer, in which it has been stated that the applicant requires effective control by the parents and if released on bail may fall in bad company.
Learned counsel for the revisionist-applicant has submitted that the Juvenile Justice Board has rejected the bail application of the revisionist-applicant and has held that in case, revisionist-applicant is released on bail, he may fall in the company of known and unknown criminals however, no reason has been assigned by the Juvenile Justice Board to arrive at such a conclusion.
Learned counsel for the revisionist-applicant has next submitted that Juvenile Justice Board as well as learned Special Judge has not given any convincing reason for rejecting the bail application of the revisionist-applicant and has held that in case, he is released on bail that may 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.
Learned counsel for the revisionist-applicant has next submitted that the revisionist-applicant is in jail since 7.8.2019, as such, he be released on bail.
Per contra, learned AGA as well as counsel for opposite party no. 2 has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, revisionist-applicant has made out a case for bail.
In view of the above, this criminal revision is allowed. Impugned orders dated 14.11.2019 and 16.1.2020 are set-aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant- Abhishek Kumar be released on bail in this case on furnishing an undertaking by guardian- father that he will take proper care over the revisionist-applicant and he will not allow him to go in the company of known criminals or expose him to moral, physical or psychological danger and he will also file a personal bond of Rs.50,000/- and two sureties of the like amount to the satisfaction of Chief Judicial Magistrate concerned.
Order Date :- 18.1.2021 KU