Court No. - 80
Case :- CRIMINAL REVISION No. - 1735 of 2020 Revisionist :- Prince Yadav (Juvenile) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Nikhil Kumar,Anurag Yadav Counsel for Opposite Party :- G.A.,R P Rajan
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the revisionist-applicant, Shri R.P. Rajan, learned counsel for O.P. No.2 and learned AGA for the State and perused the record.
This criminal revision has been preferred by the revisionist- applicant with a prayer to quash the impugned order dated 29.9.2020 passed by Special Judge (POCSO Act)/Additional District and Sessions Judge, Varanasi, in Criminal Appeal No. 62 of 2020 and order dated 31.8.2020 passed by Juvenile Justice Board, Badalapur Chandmari, Varanasi and enlarge the applicant on bail in Case Crime No. 244 of 2020 (Misc. No. 377 of 2020) (State Vs. Prince Yadav), under Sections 147, 323, 504, 506, 354B, 304 I.P.C. P.S.
Cholapur, District Varanasi.
Learned counsel for the revisionist-applicant has submitted that the revisionist-applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the revisionist-applicant has next submitted that applicant has already been declared juvenile vide order dated 27.8.2020.
Learned counsel for the revisionist-applicant has drawn the attention of the Court to the social investigation report of District Probation Officer in which it has been stated that the social and economic condition of the applicant is normal.
Learned counsel for the revisionist/applicant has next submitted that in respect of the same incident a cross case has also been lodged by father of the applicant against O.P. No.2 and another.
Learned counsel for the revisionist/applicant has next submitted that co-accused Keshaw and Lalji have already been granted bail by this Court in Criminal MIsc. Bail Application Nos. 34749 of 2020 and 279 of 2021 vide orders dated 6.1.2021 and 11.1.2021 respectively and the case of the revisionist/applicant stands on the same footing as that of other co-accused who have already been granted bail by this Court.
Learned counsel for the revisionist-applicant has 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 Juvenile Home since 24.8.2020 and there is no chance of trial being concluded in near future due to heavy dockets, as such, he be released on bail.
Per contra, learned AGA as well as learned counsel for O.P. No.2 has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, revisionist-applicant has made out a case for bail.
In view of the above, this criminal revision is allowed. Impugned order dated 29.9.2020 and 31.8.2020 are set- aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant- Prince Yadav (Juvenile) be released on bail in this case on furnishing an undertaking by guardian- mother that she will take proper care over the revisionist-applicant and she will not allow him to go in the company of known criminals or expose him to moral, physical or psychological danger and she 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 :- 27.7.2021 R