Court No. - 24
Case :- CRIMINAL REVISION No. - 299 of 2019 Revisionist :- Aman Gihar Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Sri P.K. Sharma, Advocate, has filed Vakalatnama on behalf of opposite party no.2, the same is taken on record.
The instant criminal revision is directed against the judgment and order dated 01.01.2019 passed by IIIrd Additional Sessions Judge/Special Judge (D.A.A. Act), Kannauj in S.S.T. No. 70 of 2018, Criminal Appeal No. 27 of 2018 as well as order dated 27.11.2018 passed by Principal Magistrate, Juvenile Justice Board, Kannauj, Juvenile Justice Board, Kannauj, whereby bail application of the revisionist moved in case crime no. 493 of 2018, under sections 392, 411 IPC, P.S. Kotwali Tirwa, District Kannauj, has been rejected.
Learned counsel for the revisionist submits that the orders passed by the courts below are illegal and arbitrary which are based on mere surmises and conjectures. It is further submitted that the deponent of the affidavit i.e. father of the revisionist undertakes to keep the revisionist will full care and control and he will not permit him to involve any illegal activities which is detrimental to the society. It is also submitted that the revisionist is in jail since 11.09.2018. It is also submitted that the social investigation report submitted by the District Probation Officer, Kannauj is also in favour of the revisionist.
Learned Additional Government Advocate appearing on behalf of the State-respondent and also Sri P.K. Sharma, Advocate, appearing on behalf of private respondent do not dispute the aforesaid facts.
Considering the facts and circumstances of the case and the period of incarceration in jail, let juvenile, Aman Gihar, who is involved in case crime no. 493 of 2018, under sections 392, 411 IPC, P.S. Kotwali Tirwa, District Kannauj, be released on bail on furnishing a personal bond and two sureties by his father (Manoj Gihar son of Sadhu Ram), each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.1.2019 Prajapati [Chandra Dhari Singh, J.]