Court No. - 49
Case :- CRIMINAL REVISION No. - 1522 of 2021 Revisionist :- Amir (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kavita Tomar,Jai Raj Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the revisionist, learned A.G.A. appearing for the State and perused the record.
None appears on behalf of opposite party no. 2 despite service of notice nor he has filed any counter affidavit.
This criminal revision has been preferred against the judgment and order dated 26.03.2021 passed by the Additional Sessions Judge/POCSO Act, Court No. 14, Kanpur Dehat, in Criminal Appeal No. 26 of 2021 (Amir v. State of U.P. ) as well as order dated 16.02.2021 passed by Juvenile Justice Board, Kanpur Dehat in Case Crime No. 42 of 2021, under section 306 IPC, Police Station Rasoolabad, District Kanpur Dehat whereby both the Courts below have rejected the bail application moved on behalf of the revisionist.
Submission of the learned counsel for the revisionist is that that the Juvenile Justice Board as well as Appellate Court have passed the impugned orders erroneously by which they have rejected the application of bail of the accused-revisionist, who is a minor of below 18 years as per the determination of age made by the Juvenile Justice Board vide order dated 09.02.2021. The accused-revisionist is languishing in jail since 26.01.2021, the outer limit for which the accused can be punished for the offence is only three years. Further submitted that due to hyper sensitivity, the deceased committed suicide. There is nothing against the revisionist in the suicide note (annexed at page no. 56 & 57 of paper book). It is further submitted that the co-accused Susheel Kushwaha has been granted bail by co-ordinate bench of this Court in Criminal Misc. Bail Application No. 11166 of 2021 vide order dated 21.07.2019. The case of revisionist is on better footing from the case of co-accused Susheel Kushwaha as he has not been named in the suicide note. From the suicide note, it cannot be inferred that the deceased Km. Shivani was instigated or was put in a position that she may commit suicide. He is absolutely innocent as in the social investigation report nothing adverse has been found to the effect that if he is released on bail, he would come in association with hardened criminals. The trial court has erroneously mentioned that the purpose of justice would be frustrated in case the accused-revisionist is released on bail.
Per contra, learned A.G.A. did not dispute the aforesaid facts. I have gone through the record.
The accused is languishing in jail since 26.01.2021. He is below 18 years of each as per the age determination order of the Juvenile Justice Board. A perusal of the impugned orders would indicate that both the forum below have rejected the bail application of the accused-revisionist only on the ground of offence being very serious and they have not taken into consideration the mandatory provision of grant of bail as provided under section 12 of the Juvenile Justice (Care and Protection of Children) (Amended) Act 2015 wherein it is laid- down that the bail could be refused to the accused-juvenile only when he is likely to come into association with any known criminal or would be exposed to moral, physical or psychological danger or that his release would defeat the ends of justice. No such evidence appears to be there on record, collected by the prosecution side including that of social investigation report which would indicate evidence to above effect.
In view of the above, this is found to be a fit case for grant of bail. The revision deserves to be allowed and is accordingly allowed. The impugned order of Juvenile Justice Board dated 16.02.2021 as well as order dated 26.03.2021 of the appellate court are set aside.
Let the Juvenile revisionist- Amir (Minor) be released on bail on his father Sri Jakir furnishing a personal bond of Rs. one lac and two sureties of the like amount to the satisfaction of the Juvenile Justice Board on furnishing an undertaking that he shall not allow the revisionist to come in association with any hardened criminal and shall take care of his education and well being 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 :- 22.9.2021 VPS