As per office report service of notice upon opposite party no. 2 has been effected but none has appeared on behalf of opposite party no. 2.
Heard Sri Pavan Kumar Srivastava, learned counsel for the revisionist and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This criminal revision has been preferred under Section 102 of the Juvenile Justice Care and Protection of Children Act against the judgment and order dated 12.03.2020 passed by the Additional Sessions Judge/Special Judge, (P.O.C.S.O. Act), Ghazipur, in Juvenile Criminal Appeal No. 27 of 2020 (Ajay @ Sanjay @ Bandesh Vs. State of U.P.) as well as against the order dated 25.02.2020 passed by Juvenile Justice Board, Ghazipur (in bail application no. 30 of 2020) in Case Crime No. 603 of 2019, under Sections 147, 148, 149, 302, 307 & 34 of IPC, Police Station Kotwali, District Ghazipur, whereby the bail of the accused-revisionist has been rejected.
As per FIR, which was lodged by the Rustam (father of deceased), it has been stated that on 08.10.2019, at about 07:15PM, his son Monu had gone along with his companions to see Dussehera and in the way, the accused revisionist along with other co-accused named in the F.I.R. who were eight in numbers had assaulted his son and Mudhir by knife because of some dispute and thereafter his son Monu had died due to wounds. The post mortem report indicates that the deceased had sustained as many as nine wounds which all were caused by sharp edged weapon including abrasion and stab wounds. The injured witness Mudhir has stated that the revisionist and other two co-accused namely Harendra @ Rudra @ Nate, Manish Bind had assaulted by the deceased by knife while rest of accused were catching hold of the deceased and injured and they fled after they thought that the deceased had died.
Submission made by the learned counsel for the revisionist is that the appellate court as well as Juvenile Justice Board have erroneously rejected the bail application of the revisionist. Moreover, the revisionist is found to be less than 16 years of age, hence he was juvenile on the date of occurrence as is evident from the order of the Juvenile Justice Board dated 31.01.2020, in which it is recorded that he was found to be 15 years, 2 months and 27 days old and the said order has become final as the same has not been challenged. Further it is argued by him that as per section 12 of the Juvenile Justice Act, a juvenile is required to be released on bail if there appears that his released is not likely to bring him in association with some known criminal and that he would be exposed to moral, physical and psychological danger and the ends of justice would not be defeated. He has also drawn attention to the report of District Probation Officer, Ghazipur which is annexed at page no. 9 to 13 of the supplementary affidavit, in which it is mentioned that the revisionist had gone to see Dusshera Mela and some dispute had occurred on the way because of which his name had appeared in this case as an accused. The revisionist had passed upto class five and his father had died early and he has no previous criminal record. His social and economical condition seems to be normal and that he needs care for his reformation and supervision. It is argued that nothing adverse has been mentioned by the District Probation Officer against the revisionist. All these facts have been ignored by the Juvenile Justice Board as well as Appellate Court, hence the revisionist deserves to be allowed on bail. The revisionist is in children protection home since 19.10.2019. It is further argued that the co-accused namely Manish Bind @ Lalla, Vipin Pandey, Kanchan Sonkar have already been granted bail vide order dated 09.12.2020, 01.12.2020 & 23.09.2020 by allowing their Criminal Revision Nos. 2136 of 2020, 1266 of 2020 & 1155 of 2020 respectively. Apart from that two other co-accused Anand and Ganesh have been granted regular bail vide order dated 10.12.2020 & 21.10.2020 in Criminal Misc. Bail Application Nos. 45467 of 2020 and 32721 of 2020 and claimed parity.
Learned A.G.A. has opposed the release of revisionist on bail and has argued that the revisionist's involvement cannot be ruled out as the revisionist is one of the main accused who had actually made assault upon the deceased, though he admitted that no recovery of any weapon of assault has been made from him.
In consideration of bail of a juvenile, the seriousness of the offence is not to be seen. The three considerations which are laid down in law, are that his release on bail should not bring him in association with any hardened criminal or that it should not expose him to any moral, physical and psychological threat and that ends of justice should not be defeated by his release. No evidence has been produced before the courts below which could lead them to draw those conclusions. Both the courts have dismissed the bail application of the accused only on the basis of surmises and conjectures and on the nature of offence being serious.
Looking to the fact that the revisionist is found to be a juvenile below 16 years of age in conflict with law at the time of occurrence and nothing having been found against him in the report of District Probation Officer, hence this is found to be a fit case for grant of bail.
In view of above, this court is of the view that this revision deserves to be allowed and is accordingly, allowed. The order of the Juvenile Justice Board dated 25.02.2020 as well as order dated 12.03.2020 of the appellate court are set aside.
Let the Juvenile revisionist- Ajay Alias Sanjay Alias Bandesh Bind (Minor) be released on bail during trial on his father Vijay furnishing a personal bond of Rs.1,00,000/- and two sureties of the like amount to the satisfaction of the Juvenile Justice Board with condition that he shall not allow the revisionist to come in association with any hardened criminal and that on each and every date of trial, he shall also appear before the court concerned. In case, he makes any default, the prosecution shall be at liberty to move for cancellation of his bail.
Order Date :- 11.1.2021 VPS