Heard learned counsel for the revisionist-applicant, learned AGA for the State and perused the record.
None has appeared on behalf of O.P. No.2 despite service of notice.
This criminal revision has been preferred by the revisionist-applicant with a prayer to set aside the impugned order dated 24.12.2019 passed by Principal Magistrate alongwith Members, Juvenile Justice Board, Bhadohi rejecting the bail application of revisionist in case crime No. 135 of 2019, under section 376 I.P.C. and section 3/4 of POCSO Act, P.S. Koirauna, Bhadohi and judgement and order dated 30.1.2020 passed by Special Judge (POCSO Act)/Additional District & Sessions Judge-1, Bhadohi in Juvenile Appeal No. 01 of 2020, Dharmender Singh Vs. state of U.P.
Learned counsel for the revisionist-applicant has submitted that the revisionist-applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the revisionist-applicant has next submitted that applicant has already been declared juvenile vide order dated 6.12.2019.
Learned counsel for the revisionist-applicant has drawn the attention of the Court to the Social Investigation Report submitted by the District Probation Officer dated 24.12.2019, in which it has been stated that the the relation of the family members of the applicant with the neighbours are normal. He lives in a family with his two sisters and brother and their relations are amicable and they do not have any criminal antecedents.
Learned counsel for the applicant has next drawn attention of the Court to the statement of the victim recorded during course of trial in which she has not supported the prosecution story and has been declared hostile.
Learned counsel for the revisionist-applicant has submitted that the Juvenile Justice Board has rejected the bail application of the revisionist-applicant and has held that in case, revisionist-applicant is released on bail, he may fall in the company of known and unknown criminals however, no reason has been assigned by the Juvenile Justice Board to arrive at such a conclusion.
Learned counsel for the revisionist-applicant has next submitted that Juvenile Justice Board as well as learned Special Judge has not given any convincing reason for rejecting the bail application of the revisionist-applicant and has held that in case, he is released on bail that may 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.
Learned counsel for the revisionist-applicant has next submitted that the revisionist-applicant is in jail since 25.10.2019 and the applicant and his family members are not having any criminal history to their credit, as such, he be released on bail.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, revisionist-applicant has made out a case for bail.
In view of the above, this criminal revision is allowed. Impugned orders dated 24.12.2019 and 30.1.2020 are set-aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant- Dharmender Singh (Minor) be released on bail in this case on furnishing an undertaking by guardian- father that he will take proper care over the revisionist-applicant and he will not allow him to go in the company of known criminals or expose him to moral, physical or psychological danger and he will also file a personal bond of Rs.50,000/- and two sureties of the like amount to the satisfaction of Chief Judicial Magistrate concerned.
Order Date :- 19.2.2021 R