1. Heard Sri Manoj Kumar Shukla, learned counsel for the revisionist as well as learned A.G.A. for the State.
2. By means of the present revision the order dated 1.9.2018 passed by Special Judge, POCSO Act/8th Additional District and Sessions Judge, Sitapur in Criminal Appeal No.43/2018 rejecting the appeal of the revisionist and order dated 29.5.2018 passed by Juvenile Justice Board, Sitapur have been assailed.
3. It has been submitted by learned counsel for the revisionist that the revisionist is an accused under Section 376D IPC police station Laharpur, District- Sitapur. It has further been submitted that the revisionist is in jail since 15.11.2017 thereby he has spent more than three years and two months in the custody. He submits that even in case the juvenile was to be sentenced then also the longest period would have been three years and, therefore, in any view of the matter, there is no reason to keep him in custody beyond three years. He has further drawn the attention of this Court towards the report of the Probationary Officer wherein it has been stated that the applicant has passed class Vth but nothing adverse has been found against him.
4. Learned AGA has, however, submitted that the Juvenile Justice Board and the Appellate Authority both have not found the case of the present revisionist for granting bail. However, so far as the the provisions of Section 12 of the Act are concerned and the report of Probationary Officer is concerned, he has nothing to say.
5. Looking into the nature of allegations and the fact that the applicant has spent the maximum sentence provided under law as well as the report of the District Probationary Officer, I consider it a fit case for grant of bail to the revisionist.
6. Accordingly, the impugned judgment and order dated 1.9.2018 passed by Special Judge, POCSO Act/8th Additional District and Sessions Judge, Sitapur in Criminal Appeal No.43/2018 and order dated 29.5.2018 passed by Juvenile Justice Board, Sitapur are set aside.
7. Thus, the revision is allowed.
8. Let the accused-revisionist (Israil @ Chhotu @ Zibrail), accused of the above-mentioned crime number, be released on bail on his furnishing two sureties in the like amount to the satisfaction of the court concerned subject to the following conditions, which are imposed in the interest of justice:-
(i) That guardian of the revisionist will furnish an undertaking that upon release on bail, the juvenile will not be permitted to get into contact or association with any known or unknown criminal or exposed to any moral or physical danger and will not indulge in any criminal activity and he will make best effort for improvement of juvenile.
(ii) That the revisionist and his guardian shall remain present before the Board/trial court on each date fixed, either personally or through his counsel.
Order Date :- 19.2.2021 (Alok Mathur, J.) RKM.