Court No. - 67
Case :- CRIMINAL REVISION No. - 3557 of 2018 Revisionist :- Rahul Kumar Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Rizwan Ullah Siddiqui,A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionist and learned AGA for the State.
By means of the present revision, the revisionist is challenging the order dated 10.09.2018 passed by VIIIth Additional Sessions Judge, Saharanpur by which the revisionist's appeal under the Juvenile Justice Act has been rejected.
Submission made by the counsel that on the date of the incident, the age of the applicant is almost 15 years, he is not even named in the FIR, under Section 364 IPC lodged by Ravindra Sharma against one Mukhiya alias Babloo, the case hinges upon circumstantial evidence in which co-accused was enlarged on bail Sessions Judge, Saharanpur by order dated 09.04.2018, the other co-accused person Prince (minor) was also enlarged on bail by criminal revision no. 3551 of 2017 vide order dated 12.02.2018 by coordinate Bench of this Court.
An attention has been drawn by the counsel for the revisionist that the case of the revisionist on the similar footing qua the co-accused who has been granted liberty granted by this Court.
Considering the facts and circumstances of the case the revisionist has not been named in the FIR and co-accused Prince (minor) has already been enlarged on bail on the principal of parity. The present revisionist is also entitled for the same relief.
Accordingly, the revision stands allowed. The order dated 10.08.2018 passed by court of Juvenile Justice Board, Saharanpur and order dated 10.09.2018 passed by VIIIth Additional Sessions Judge, Saharanpur are set aside.
The revisionist Rahul Kumar son of Pramod Kumar, r/o Police Station Purkazi, District Muzaffarnagar involved in aforesaid case be released on bail on his furnishing a personal bond through his legal guardian and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.2.2019 Abhishek Sri.