Court No. - 52
Case :- CRIMINAL REVISION No. - 3834 of 2017 Revisionist :- Asif Khan (Minor) Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Virendra Singh Patel Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This revision is directed against the judgment and order dated 6.11.2017 passed by Additional Sessions Judge, FTC, Court No.1, Jhansi, in Criminal Appeal No.80 of 2017 (Asif Khan vs. State of U.P.), and the order dated 5.10.2017 passed by Juvenile Justice Board, Jhansi, in Case Crime No.356 of 2016, under Sections 302, 376D, 201/34 I.P.C., Police Station Prem Nagar District Jhansi, rejecting the bail application of the revisionist (juvenile).
Heard learned counsel for the revisionist, learned counsel for the opposite party no.2 as well as learned AGA for the State and perused the impugned orders along with entire material on record.
It is contended by learned counsel for the revisionist that the revisionist and other co-accused were not named in the first information report. Their names surfaced during investigation and in the statement of other co-accused. Based on it, the other co-accused Asghar alias Chhotoo, Javed Ali alias Adil and Mohsin who are major have already been enlared on bail by coordinate benches of this Court. The revisionist is admittedly juvenile and no such conditions exists as wanted under Section 12 of the Act warranting refusal of bail to the revisionist. It is submitted that he is in custody since 24.4.2017.
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 6.11.2017 passed by Additional Sessions Judge, FTC, Court No.1, Jhansi, in Criminal Appeal No.80 of 2017 (Asif Khan vs. State of U.P.), and the order dated 5.10.2017 passed by Juvenile Justice Board, Jhansi, in Case Crime No.356 of 2016, under Sections 302, 376D, 201/34 I.P.C., Police Station Prem Nagar District Jhansi, Fatehpur are set- aside.
The revisionist, Asif Khan (Minor) son of late Sharif alias Guddu, resident of Physical Road, P.S. City Kotwali District Shivpuri, through his guardian Zakir Khan, son of Zahoor Khan r/o Moti Baba Mindir, P.S. Kotwali District Shivpuri (M.P.), 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 :- 26.2.2018 Hasnain