Court No. - 75
Case :- CRIMINAL REVISION No. - 1392 of 2020 Revisionist :- Pradeep Nishad Opposite Party :- State Of U.P. And Anr Counsel for Revisionist :- Shailendra Singh,Shyam Singh Sengar Counsel for Opposite Party :- G.A.,Rajesh Kumar Singh
Hon'ble Rajiv Gupta,J.
Rejoinder affidavit, filed today in Court, is taken on record.
Heard learned counsel for the revisionist-applicant, learned AGA for the State, Shri Rajesh Kumar Singh, learned counsel for the Opposite Party No.2 and perused the record.
This criminal revision has been preferred by the revisionist-applicant with a prayer to quash the impugned order dated 20.01.2020 passed by Special Judge (POCSO Act)/ Additional Sessions Judge, Banda in Criminal Juvenile Appeal No. 19 of 2019 (Pradeep Nishad Vs. State of U.P. and another), by which appeal of the revisionist-applicant was dismissed and the order dated 19.11.2019 passed by Juvenile Justice Board, Banda in Case Crime No. 23 of 2019 (State of U.P. Vs. Pradeep Nishad), under Sections 376, 452, 506 IPC and Section 4 of POCSO Act, Police Station Tindwari, District Banda, by which the prayer for releasing the revisionist-applicant on bail has been refused.
Learned counsel for the revisionist-applicant has drawn the attention of the Court to the report dated 26.09.2019 of District Probationary Officer, wherein he has stated that the applicant has passed his 8th class examination and is working as a daily wager.
Learned counsel for the applicant has submitted that Juvenile Justice Board has declared the revisionist- applicant as juvenile vide order dated 02.07.2019.
Learned counsel for the revisionist-applicant has next submitted that the Juvenile Justice Board has rejected the bail application of the revisionist-applicant and has held that in case, revisionist-applicant is released on bail, he may fall in the company of known and unknown criminals, however, no reason has been assigned by the Juvenile Justice Board to arrive at such a conclusion.
Learned counsel for the revisionist-applicant has next submitted that Juvenile Justice Board as well as learned Special Judge has not given any convincing reason for rejecting the bail application of the revisionist-applicant and has held that in case, he is released on bail that may bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
Learned counsel for the revisionist-applicant has next submitted that the revisionist-applicant is in jail since 05.03.2019 and he has no criminal history to his credit, as such, he be released on bail.
Per contra, learned AGA for the State as well as learned counsel for the Opposite Party No.2 has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, I am of the view that the revisionist-applicant has made out a case for bail.
In view of the above, this criminal revision is allowed. Impugned orders dated 20.01.2020 and 19.11.2019 are set-aside and the bail application of the revisionist- applicant is allowed.
Let the revisionist-applicant Pradeep Nishad be released on bail in this case on furnishing an undertaking by natural guardian father Ram Naresh that he will take proper care over the revisionist-applicant and he will not allow him to go in the company of known criminals or expose him to moral, physical or psychological danger and he will also file a personal bond of Rs.50,000/- and two sureties of the like amount to the satisfaction of Chief Judicial Magistrate concerned.
Order Date :- 7.1.2021 NA