This revision is directed against the judgement and order dated 08.05.2019 passed by learned Sessions Judge, Gorakhpur in Criminal Appeal No.49 of 2019 (Akhilesh Nishad vs. State of U.P.), dismissing the said appeal arising out of order dated 25.04.2019 passed by learned Principal Magistrate, Juvenile Justice Board, Gorakhpur (hereinafter referred to as the 'Board') in Case Crime No.474 of 2018 (State Versus Akhilesh), under Sections 302, 307 and 323 I.P.C., Police Station Chiluatal, District-Gorakhpur rejecting the bail application of the revisionist (juvenile).
Heard Sri Rajnish Shukla, learned counsels for the revisionist, Sri Manish Gupta, learned counsel for opposite party no.2 as well as learned AGA for the State and perused the impugned orders along with entire material on record.
Submission of learned counsel for the revisionist is that the opinion recorded by the District Probation Officer in its report that in the event the revisionist (juvenile in conflict with law) is released on bail, there is possibility of his going in the company of known and unknown criminals. However, neither Juvenile Justice Board nor appellate court has detailed the basis to arrive at such a conclusion. Learned counsel for the revisionist states that it is merely ipse dexit of Probation Officer unsupported by any evidence. It is further submitted that according to the facts on record the revisionist is below the age of majority and is juvenile in conflict with law. It was further submitted that ordinarily such accused is being released on bail unless his case falls under the exceptions that have been provided under the Act. Submission is that the reasoning given in both the impugned orders is very superficial and is not very convincing and is more in the nature of a facewash. Further submission is that the applicant is already in custody since 09.11.2018 and that aforesaid period of detention must have caused reformative effect upon the revisionist-juvenile and he should be given another chance to live a normal life on the supervision of his parents. Counsel has also tried to point out that the impugned orders have not been passed keeping the true spirit of the law that has been laid down with regard to juvenile in conflict with law.
Learned counsel for the revisionist has contended that the revisionist is innocent and has been falsely implicated. He has also argued that District Probation Officer in its report has reported that dispute is going between the family of first informant and revisionist and the revisionist was the main accused who was involved in commission of crime. However, as per the prosecution version only role of catching hold has been attributed to the revisionist. It is further contended that the revisionist has been declared juvenile but his bail application has been rejected by the learned Board as well as by learned Sessions Judge in Criminal Appeal without any convincing basis for giving finding that if the revisionist is released he is likely to come into association with several known and unknown criminals and expose them to moral, physical or psychological danger or his release would defeat the ends of justice.
Learned AGA as well as learned counsel for opposite party no.2 opposed the prayer for bail.
I have considered the submissions made by the parties' counsel and perused the impugned orders passed by the learned courts below along with entire material on record as well as the provisions of the Act.
The provisions of bail to a juvenile is given in Section 12 of the said Act.
The said provision provides that a juvenile accused has to be released on bail unless there are 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. There is no any basis or material which may bring the case of the revisionist within the exceptions provided in Section 12 of the Act.
There is no such substantial material or evidence on record to show that by release on bail, the revisionist would come in association with any known criminal or his release would expose him to moral, physical or psychological danger. There is also nothing very substantial on record to show that the release of the revisionist on bail would defeat the ends of justice.
In these circumstances, the Board was not quite justified in rejecting the bail application of the revisionists. Learned Sessions Judge also does not appear to have considered the provisions of Section 12 of the Act in its proper perspective. Thus, both the impugned orders are not sustainable and are liable to be set-aside.
Accordingly, the revision stands allowed. The order dated 25.04.2019 passed by learned Principal Magistrate, Juvenile Justice Board, Gorakhpur as well as judgement and order dated 08.05.2019 passed by learned Sessions Judge, Gorakhpur are set-aside.
The revisionist, Akhilesh Nishad son of Jagdish, resident of Village Khariya, Police Station Chiluatal, District-Gorakhpur, involved in aforesaid case, be released on bail on his furnishing a personal bond through his legal guardian and two sureties each in the like amount to the satisfaction of the Board concerned.
Order Date :- 26.8.2019 MN/-