1. Heard Sri Bhagwati Prasad Nigam, learned counsel for revisionist as well as learned A.G.A. on behalf of State.
2. By means of present revision, the revisionist has assailed the order dated 12.12.2019 passed in Bail Application No. 62/2019 by the Juvenile Justice Board, Hardoi arising out of Case Crime No. 493/2018, under Section 376 I.P.c. and 5(m)/6 of the Prevention of Children from Sexual Offences Act, 2012, Police Station - Kotwali Dehat, District Hardoi as well as Judgment and order dated 02.09.2020 in Crl. Appeal No. 68/2019 passed by Special Judge, POSCO Act, Hardoi, Manish Kumar Vs. State of U.P.
3. It has been submitted by learned counsel for revisionist that the revisionist is in custody since 28.11.2018 and he has spent nearly two years and two months in jail and the maximum period of incarceration even in case of the conviction would be 3 years. He has also submitted that no adverse report has been submitted by the District Probationary Officer. According to the report of Probationary Officer, the revisionist is a student of class 10 and he does not have any criminal history. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "the Act") provides that bail may be considered to a child. Section 18 of the Act provides that the child below the age of 16 years, if has committed a heinous offence, may be kept in custody in a Home for a period of three years. In the present case, the revisionist is in jail for nearly two years and six months.
5. 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.
6. Considering the aforesaid facts, age of the accused-revisionist and the period of incarceration of the accused-revisionist, I find it a fit case to grant bail.
7. Accordingly, the impugned judgment and orders dated 02.09.2020 passed by the appellate authority and the order dated 12.12.2019 passed by the Juvenile Justice Board are set aside.
8. Thus, the revision is allowed.
9. Let the accused-revisionist (Manish Kumar), 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 relesed 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 Boartd/trial court on each date fiexex, either personally or through his counsel.
(Alok Mathur, J.) Order Date :- 25.1.2021 Ravi/