Rejoinder affidavit filed today in Court is taken on record.
Heard learned counsel for the revisionist-applicant, learned AGA for the State and perused the record.
This criminal revision has been preferred by the revisionist-applicant with a prayer to quash the impugned order dated 23.1.2020 passed by Additional Sessions Judge/Special Judge, POCSO Act, Gautam Budh Nagar in Criminal Appeal No. 88 of 2019 (Afsan @ Chini Vs. State of U.P.), by which appeal of the revisionist-applicant was dismissed affirming the order dated 6.9.2019 passed by Principal Magistrate, Juvenile Justice Board, Gautam Budh Nagar in Case Crime No. 673 of 2019, under Sections 363, 366, 376 IPC and 3/4 of POCSO Act, P.S. Dadri, District- Gautam Budh Nagar.
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 17.8.2019.
Learned counsel for the revisionist-applicant has submitted that the District Probation Officer in its report has stated that the conduct of the applicant is satisfactory.
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 15.7.2019, as such, he be released on bail.
Per contra, learned AGA 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 6.9.2019 and 23.1.2020 are set-aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant- Afsan @ Chini 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 :- 11.1.2021 KU