Court No. - 52
Case :- CRIMINAL REVISION No. - 382 of 2017 Revisionist :- Arpit Garg Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Abhinav Singh Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Rajul Bhargava,J.
This revision is directed against the judgment and order dated 11.1.2017 passed by Special Judge, POCSO Act/ Additional Sessions Judge, Court No.11, Muzaffar Nagar, in Criminal Appeal No.3 of 2016 and the order dated 21.10.2016 passed by Juvenile Justice Board, Muzaffar Nagar, in Misc. Case No.63 /9 of 2016 (State Vs. Arpit Garg) arising out of Case Crime No.123 of 2016, under Section 302 I.P.C., Police Station Adarsh Mandi, Shamli, District Shamli, rejecting the bail application of the revisionist (juvenile).
Heard Sri Abhinav Singh, learned counsel for the revisionist, as well as learned AGA for the State and perused the impugned orders along with entire material on record.
By an order dated 16.3.2018, the Court had observed that the revisionist's counsel has sent his Clerk for service of notice on the counsel for opposite party no.2 but he had refused to accept the same. Therefore, the matter is listed today. Today also he has served notice to opposite party no.2, yet no one has appeared for opposite party no.2. The notice with an endorsement is taken on record.
It is contended by learned counsel for the revisionist that the Courts below have illegally rejected the bail application of the revisionist who is admittedly a juvenile in conflict with law. It is submitted that the revisionist is in custody since 16.5.2016.
Learned counsel for the revisionist has contended that the revisionist is innocent and has been falsely implicated. It is further contended that the revisionist has been declared juvenile but his bail application has been rejected by the learned Board as well as by learned Sessions Judge in Criminal Appeal without any convincing basis for giving finding that if the revisionist is released he is likely to come into association with several known and unknown criminals and expose them to moral, physical or psychological danger or his release would defeat the ends of justice.
Learned AGA as well as learned counsel for the opposite party no.2 opposed the prayer for bail.
I have considered the submissions made by the parties' counsel and perused the impugned orders passed by the learned courts below along with entire material on record as well as the provisions of the Act.
The provisions of bail to a juvenile is given in Section 12 of the Act.
The said provision provides that a juvenile accused has to be released on bail unless there are reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. There is no any basis or material which may bring the case of the revisionist within the exceptions provided in Section 12 of the Act.
There is no such substantial material or evidence on record to show that by release on bail, the revisionist would come in association with any known criminal or his release would expose him to moral, physical or psychological danger. There is also nothing very substantial on record to show that the release of the revisionist on bail would defeat the ends of justice.
In these circumstances, the Board was not quite justified in rejecting the bail application of the revisionist. Learned Sessions Judge also does not appear to have considered the provisions of Section 12 of the Act in its proper perspective. Thus, both the impugned orders are not sustainable and are liable to be set-aside.
Accordingly, the revision stands allowed. The order dated 11.1.2017 passed by Special Judge, POCSO Act/ Additional Sessions Judge, Court No.11, Muzaffar Nagar, in Criminal Appeal No.3 of 2016 and the order dated 21.10.2016 passed by Juvenile Justice Board, Muzaffar Nagar, in Misc. Case No.63 /9 of 2016 (State Vs. Arpit Garg) arising out of Case Crime No.123 of 2016, under Section 302 I.P.C., Police Station Adarsh Mandi, Shamli, District Shamli, are set- aside.
The revisionist, Arpit Garg (minor) son of Kuldeep Garg, r/o Dharampura Shamli, P.S. Kotwali-Shamli District Shamli through his father/natural guardian Kuldeep Garg son of Basheshwar Dayal, involved in aforesaid case, be released on bail on his furnishing a personal bond through his legal guardian and two sureties each in the like amount to the satisfaction of the Board concerned.
Order Date :- 30.3.2018 Hasnain