Court No. - 49
Case :- CRIMINAL REVISION No. - 1134 of 2021 Revisionist :- Junaid (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Rajesh Yadav, learned counsel for the revisionist and learned AGA for the State.
2. This Criminal Revision has been filed by a juvenile- 'X' in conflict with law who was declared as juvenile by the Juvenile Justice Board vide order dated 06.01.2021 being aggrieved of the order dated 07.04.2021 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Court No.1 (Special Court), Moradabad passed in Criminal Appeal No.18 of 2021 thereby affirming the order passed by J.J. Board, Moradabad in Case No.63 of 2020 dated 23.02.2021 in Crime No.455 of 2020 under Sections 304, 323, 504/34 IPC on the ground that revisionist- 'X' is aged about 15 years.
3. Learned counsel for the revisionist- 'X' points out towards the discussion in the impugned order, wherein, the court below has taken into consideration report of the Police Station, according to which, guardian of accused namely, Shane Mohd @ Shane Alam bears good character and is of good company. No case is registered against him. It is further submitted that District Probation Officer on enquiry from the neighbourers of accused has reported that his behaviour and temperament is normal; he is not reported to be under any disability or misbehavior and his social and economic parameters are normal. It is further mentioned that said incident took place on account of family rivalry which resulted in animosity between the parties. It is also submitted that mother of 'X' has already been granted benefit of bail vide order dated 27.01.2021 in Criminal Misc. Bail Application No.4414 of 2021. Applicant is in custody since 29.09.2020. His parents are willing to take his responsibility. Incident had taken at the spur of the moment.
4. Reliance is placed on the judgment of High Court of Judicature for Rajasthan at Jodhpur in Criminal Revision Petition No. 494 of 2021, 'X' S/o Laxman vs. State, through P.P. decided on 01.07.2021 where in discussing the scope for revision and taking into consideration the name of petitioner (juvenile) as 'X', whose identity is being protected in view of the direction given by the Supreme Court in case of Shilpa Mittal vs. State of NCT of Delhi and Others; AIR 2020 SC 405.
5. Learned AGA opposes the prayer made by learned counsel for petitioner.
6. After hearing learned counsel for parties and going through the record, I am of the opinion that the apprehension expressed by the courts below in regard to the likelihood of the revisionist- 'X' coming into contact with other offenders can be ward off by requiring his natural guardian to furnish a suitable undertaking. In view of the facts noted above, I am of the opinion that revisionist- 'X' is entitled to be enlarged on bail.
11. In the result, this revision succeeds and is allowed. The impugned order dated 07.04.2021 passed by the Additional Sessions Judge/Special Judge (POCSO Act) Court No.1, Moradabad in Criminal Appeal No. 18 of 2021 in Case No.63 of 2020, arising out of Case Crime No.55 of 2020, under Sections 304, 323, 504 and 34 IPC, Police Station Kundaraki District Moradabad and the order dated 23.02.2021 passed by Juvenile Justice Board, Moradabad, are hereby set aside and reversed. The bail application of the revisionist stands allowed.
12. Let the revisionist 'X' through his natural guardian be released on bail in aforesaid case, upon his father furnishing a personal bond with two solvent sureties of his relatives each in the like amount to the satisfaction of the Juvenile Justice Board, Moradabad subject to the following conditions:-
(i) that the natural guardian will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.
(ii) The revisionist and his natural guardian will report to the District Probation Officer on the first Monday of every calendar month commencing with the first Monday of September, 2021 and if during any calendar month the first Monday falls on a holiday, then on the following working day.
(iii) The District Probation Officer will keep strict vigil on the activities of the revisionist and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Mathura on such periodical basis as the Juvenile Justice Board may determine.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 Ravi/-
Digitally signed by Justice Vivek Agarwal Date: 2021.08.04 11:24:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad