Counter affidavit filed by learned counsel for O.P. No.2 is taken on record.
Heard learned counsel for the revisionist-applicant, learned A.G.A. for the State and perused the record.
None has appeared on behalf of O.P. No.2 despite list being revised.
This criminal revision has been preferred by the revisionist-applicant with a prayer to set aside the impugned order dated 28.8.2020 passed by Special Judge, POCSO Act/Additional Sessions Judge,Varanasi in Criminal Appeal No. 53 of 2020 (Rajendra alias Anjeet Chauhan Vs. State, as well as order dated 20.7.2020 passed by Juvenile Justice Board, Shahjahanpur rejecting the Bail Application of the revisionist in case in Case Crime No. 0013 of 2020, under Sections 363, 366, 376 IPC and section 3/4 POCSO Act., P.S.Baragaon, 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 2.7.2020.
Learned counsel for the revisionist-applicant has drawn the attention of the Court to the Social Investigation Report submitted by the District Probation Officer dated 14.7.2020, in which it has been stated that no complaint has ever been made against the revisionist nor he his having any criminal history and if he is released on bail there is no primafacie chance of the revisionist falling in the bad company.
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 applicant has next submitted that as per medical opinion, the victim is aged about 19-20 years and in the statement recorded under section 164 Cr.P.C. she has stated that she had fallen in love with the applicant.
Learned counsel for the revisionist-applicant has next submitted that the revisionist-applicant is in jail since 14.1.2020 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 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 orders dated 28.8.2020 and 20.7.2020 are set-aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant- Rajendra Alias Ranjeet Chauhan be released on bail in this case on furnishing an undertaking by guardian- father 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 :- 19.2.2021 R