Court No. - 86
Case :- CRIMINAL REVISION No. - 2999 of 2019 Revisionist :- Anil Kumar Sonkar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ganesh Shankar Dubey,Pratik J. Nagar,Sarvendra Dwivedi,Ulajhan Singh Bind Counsel for Opposite Party :- G.A.,Shivbaboo
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the revisionist, learned counsel for opposite party no.2 as well as learned A.G.A. and have gone through the record.
The present criminal revision has been moved against the impugned judgment and order dated 25.6.2019 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Court No.-8, Allahabad in Criminal Appeal No. 47 of 2019 dismissing the appeal of the revisionist and affirming the judgment dated 9.4.2019 by learned Juvenile Justice Board, Prayagraj, whereby it has rejected the bail application moved on behalf of the revisionist.
Since the application for juvenility of the revisionist has to be decided afresh, therefore, the present revision regarding bail of the accused is premature and is liable to be dismissed.
However, learned counsel for the parties have drawn attention of this Court towards Annenxure No.1, filed along with short- counter affidavit, wherein it has been mentioned that during pendency of the instant revision the daughter of opposite party no.2 is now ready to marry with the revisionist pursuant to compromise entered into between the parties and have ultimately come with the prayer to quash the proceedings in terms of compromise.
Needless to state that in the eventuality of filing of any compromise affidavit by the parties before the Trial Court, it is expected from the Trial Court to consider and decide the same, in accordance with law.
Accordingly revision is dismissed.
Interim order, if any, stands vacated.
Certify this judgment to the lower Court immediately.
Order Date :- 27.7.2021/S.Verma