1. Heard learned counsel for the revisionist as well as learned A.G.A. for the State.
2. The counter affidavit filed by the A.G.A. is taken on record.
3. Present revision has been filed under Section 102 of Juvenile Justice (Care & Protection of Children) Act, 2000 against the judgment and order dated 6.4.2019 passed by Special Judge, POCSO Act/VIIIth Additional Sessions Judge, Bahraich thereby rejecting the application for bail of the revisionist.
4. It has been submitted by learned counsel for the revisionist that the revisionist is an accused under Section 376, 506 IPC and 3/4 of POCSO Act, police station Phakharpur, District- Bahraich. It has further been submitted that the revisionist is in jail since 30.4.2018 i.e. for nearly two years eight months. The report of District Probation Officer indicates that the revisionist has passed class 10th and wants to study further. The family members of the revisionist had given undertaking that they will ensure that the revisionist does not come in contact with criminal elements. As such, a favorable report has been given by the District Probationary Officer.
5. Learned AGA has, however, submitted that the Juvenile Justice Board and the Appellate Authority both have not found the case of the present revisionist for granting bail. However, so far as the the provisions of Section 12 of the Act are concerned and the report of Probationary Officer is concerned, he has nothing to say.
6 Looking into the nature of allegations and the length of incarceration in jail as well as the report of the District Probationary Officer, I consider it a fit case for grant of bail to the revisionist.
7. Accordingly, the impugned judgment and orders dated 06.04.2019 passed by the appellate authority and the order dated 23.1.2019 passed by the Juvenile Justice Board are set aside.
8. Thus, the revision is allowed.
9. Let the accused-revisionist (Alok Kumar Verma), accused of the above-mentioned crime number, be released on bail on his furnishing two sureties in the like amount to the satisfaction of the court concerned subject to the following conditions, which are imposed in the interest of justice:-
(i) That guardian of the revisionist will furnish an undertaking that upon release on bail, the juvenile will not be permitted to get into contact or association with any known or unknown criminal or exposed to any moral or physical danger and will not indulge in any criminal activity and he will make best effort for improvement of juvenile.
(ii) That the revisionist and his guardian shall remain present before the Board/trial court on each date fixed, either personally or through his counsel.