Heard Sri Vijendra Kumar Mishra, learned counsel for the revisionist, Sri Brij Lal Shukla, learned counsel for the informant, and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This criminal revision has been preferred under Section 102 of the Juvenile Justice Care and Protection of Children Act against the judgment and order dated 05.03.2020 passed by the Additional Session Judge, Court No. 1, Gorakhpur in Criminal Appeal No. 171 of 2019 (Gagan @ Koli Vs. State of U.P. and another) as well as against the order dated 10.12.2019 passed by Chief Magistrate (Juvenile Justice Board), Gorakhpur in Case Crime No. 260 of 2019, under Section 302 of I.P.C., Police Station Gagha, District Gorakhpur, whereby the bail of the accused-revisionist has been rejected.
As per FIR, which was lodged by Rajaraj, it has been stated that his brother Ramdularey had been assaulted by some unknown person by which he had died on 25.08.2019 and his dead body was found on the road near baswari. In post mortem report, the deceased is found to have sustained one lacerated wound on neck and the cause of death recorded is coma as a result of ante mortem injury.
Submission made by the learned counsel for the revisionist is that the revisionist is innocent. Moreover, the revisionist is found to be 16 years, 01 month and 17 days, hence he was juvenile on the date of occurrence as is evident from the order of the Juvenile Justice Board dated 03.12.2019 Further it is argued by him that as per section 12 of the Juvenile Justice Act, a juvenile is required to be released on bail if there appears that his released is not likely to bring him in association with some known criminal or that he would be exposed to moral, physical and psychological danger or the ends of justice would be defeated. It is further argued that two witnesses Chandan Singh and Shyam have stated that five days after the occurrence they had seen the revisionist having assaulting the deceased on his head but it is pointed out that if they had seen the same why they did not disclose it to the informant as the revisionist has not been named in the F.I.R. As regards recovery, one axe has been shown falsely recovered from the accused revisionist as there is no independent witness of the same. He has also drawn attention to the report of District Probation Officer, Gorakhpur which is annexed at page nos. 70-73 of the paper book, in which it is mentioned that the revisionist had passed upto class 8th and that he has no previous criminal record. His social and economical condition seems to be normal and that he needs care for his reformation. It is argued that nothing adverse has been mentioned by the District Probation Officer against the revisionist. All these facts have been ignored by the Juvenile Justice Board as well as Appellate Court, hence the revisionist deserves to be allowed on bail. The revisionist is in protection home since 30.08.2019.
Learned A.G.A. has opposed the release of revisionist on bail and has argued that the revisionist's involvement cannot be ruled out.
In consideration of bail of a juvenile, the seriousness of the offence is not to be seen. The three considerations which are laid down in law, are that his release on bail should not bring him in association with any known criminal or that it should not expose him to any moral, physical and psychological threat or that ends of justice should not be defeated by his release. No evidence has been produced before the courts below which could lead them to draw those conclusions. Both the courts have dismissed the bail application of the accused only on the basis of surmises and conjectures and on the nature of offence being serious.
Looking to the fact that the revisionist is found to be a juvenile below 16 years of age in conflict with law at the time of occurrence and nothing having been found against him in the report of District Probation Officer, hence this is found to be a fit case for grant of bail.
In view of above, this court is of the view that this revision deserves to be allowed and is accordingly, allowed. The order of the Juvenile Justice Board dated 10.12.2019 as well as order dated 05.03.2020 of the appellate court are set aside.
Let the Juvenile revisionist- Gagan @ Koli (Minor) be released on bail during trial on his father Premnath furnishing a personal bond of Rs.1,00,000/- and two sureties of the like amount to the satisfaction of the Juvenile Justice Board with condition that he shall not allow the revisionist to come in association with any hardened criminal and that on each and every date of trial, he shall also appear before the court concerned. In case, he makes any default, the prosecution shall be at liberty to move for cancellation of his bail.
Order Date :- 29.1.2021 VPS