Court No. - 50
Case :- CRIMINAL APPEAL No. - 1687 of 2018 Appellant :- Ganja Alias Arun (Child) Respondent :- State Of U.P.
Counsel for Appellant :- Kumar Dhananjay Counsel for Respondent :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
This criminal appeal has been filed by the appellant against the judgment and order dated 16.3.2018 passed by learned Children's Court/ Special Judge (POCSO Act)/ Additional Sessions Judge, Court No. 7, Ghaziabad, in Case Crime No. 1234 of 2017, u/s 306, 504, 506, 323, 34 I.P.C., P.S. Sihanigate, District Ghaziabad, whereby the court below has rejected the bail application filed by the appellant.
Heard learned counsel for the appellant and learned AGA appearing of the State. Perused the record.
The submission of the learned counsel for the appellant is that there is absolutely no evidence against the appellant of abetting the suicide by the deceased Himanshu Tomar. The appellant or his companions neither assaulted the deceased nor any such incident of a physical altercation took place between the deceased on one hand and the appellant and his companions on the other. The FIR carries a completely concocted and distorted story that is no more than a figment of imagination. It is submitted on the strength of averments made in paragraph 7 of the affidavit in support of the bail application that the applicant- appellant and the other co-accused were playing cricket in a ground located nearby the shop of the informant where the deceased was also playing alongwith the appellant and other co- accused, when suddenly the informant appeared on the scene and reprimanded his son (the deceased) over neglecting his work and indulging himself in recreation with his friends. It is stated that he beat up the boy with his sandal in front of his friends, which led the deceased to feel badly insulted and humiliated and he committed suicide. It is further submitted that co-accused namely Vikas @ Chhanga, Nitin and Mukul Verma, who are major, have already been released on bail by this court vide orders dated 123.1.2018,11.12.2017 and 9.11.2017 passed in Criminal Misc. Bail Application Nos. 42187 of 2017, 48435 of 2017 and 40830 of 2017, respectively, whereas the appellant, who has been declared a juvenile by the Juvenile Justice Board vide order dated 12.12.2017 passed by the Juvenile Justice Board, is still in custody since 23.8.2017.
Learned AGA has opposed the bail application but he has not disputed that the case of the appellant is similar to the major co- accused, who have already been released on bail by this court.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the period of detention already undergone by the appellant, the appeal deserves to be allowed.
The appeal is allowed at the admission stage.
Let the appellant Ganja alias Arun involved in Case Crime No. 1234 of 2017, u/s 306, 504, 506, 323, 34 I.P.C., P.S. Sihanigate, District Ghaziabad, is directed to be released on bail on his furnishing two sureties (one of which shall be father/mother/guardian of the appellant) each in the like amount to the satisfaction of the court concerned subject to the condition that the father/mother/guardian of the appellant shall give an undertaking that he/she will take proper care of appellant to prevent him from involving in criminal activities in future.
Order Date :- 28.3.2018 Pcl