Despite service of notice upon Opposite Party No.2, none has appeared on her behalf.
Heard learned counsel for the revisionist-applicant, 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 21.12.2019 passed by Additional Sessions Judge Vth/ Special Judge (POCSO Act), Basti in Criminal Appeal No. 47 of 2019 (Raghuvir @ Lalku Vs. State of U.P.), by which appeal of the revisionist-applicant was dismissed and the order dated 08.11.2019 passed by Juvenile Justice Board, Basti in Case Crime No. 39 of 2019 (State Vs. Raghuvir @ Lalku), under Sections 376, 143, 504, 506, 352 IPC and Section 3/4 of POCSO Act, Police Station Gaur, District Basti, by which the prayer for releasing the revisionist-applicant on bail has been refused.
Learned counsel for the revisionist-applicant has submitted that after receiving the report from the District Probationary Officer, Juvenile Justice Board has declared the revisionist-applicant as juvenile vide order dated 18.10.2019.
Learned counsel for the revisionist has drawn the attention of the Court to the report of the District Probationary Officer, wherein it is stated that the social status of the revisionist is normal and he appears to be under the influence of his friends.
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 Additional Sessions 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 10.08.2019 and he has no criminal history to his credit, as such, he be released on bail.
Per contra, learned AGA has 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 21.12.2019 and 08.11.2019 are set-aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant Raghuvir @ Lalku be released on bail in this case on furnishing an undertaking by natural guardian father Ramjeet 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 :- 21.1.2021 NA