Court No. - 48
Case :- CRIMINAL APPEAL No. - 1558 of 2018 Appellant :- Amit Yadav Respondent :- State Of U.P.
Counsel for Appellant :- Sanjeev Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
The instant criminal appeal has been filed against the judgment and order dated 22.02.2018 passed by Court of Session Judge Ballia (Act as Children Court/ POCSO Court), in Session Trial No.368 of 2017 arising out of Case Crime No.399 of 2016, under Section 326A IPC, Police Station Sikandar Pur District Ballia whereby learned Judge rejected the second bail application of appellant vide its order dated 21.02.2018.
Heard Sri Sanjeev Kumar Rai, learned counsel for the appellant, learned A.G.A. for the State and perused the record.
The submission of the counsel for the appellant is that admittedly according to the statement of the victim it was co- accused Dharmendra Gond who is said to have thrown acid upon the victim. The appellant is only said to have accompanied him at the time of incident. It was further pointed out that admittedly appellant was juvenile at the time of incident while co-accused Dharmendra Gond who is said to have thrown acid has already been released on bail by another Bench of this Court vide order dated 01.12.2017. Submission is that the case of appellant is not on worse footing than the co-accused Dharmendra Gond who had already been granted bail by the High Court. It was also pointed out that appellant is in jail since 18.8.2016 and has also spent more than two years in jail. It is submitted by learned counsel for the appellant that admittedly the Juvenile Justice Board in Misc. Case No.47 of 2017 has declared the appellant to be juvenile on the date of incident.
Per contra, learned A.G.A. vehemently opposed the bail application but could not dispute the argument advanced by learned counsel for the appellant.
This Court is also of the view that the circumstances under which bail of the juvenile may be refused have not been enlisted in the right spirit. The court below has not followed guiding principles with regard to the release of juvenile in conflict with law. In my opinion, the appellant is entitled to be released on bail.
In the light of aforesaid facts of the case, I am satisfied that a case for grant of bail to the appellant is made out.
Accordingly, appeal stands allowed. Judgment and order dated 22.2.2018 passed by Court of Session Judge Ballia (Act as Children Court/ POCSO Court), in Session Trial No.368 of 2017 arising out of Case Crime No.399 of 2016, under Section 326A IPC, Police Station Sikandar Pur District Ballia is set aside.
Let the appellant Amit Yadav, involved in the aforesaid case, be released on bail subject to his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.10.2018 shiv