Court No. - 15
Case :- CRIMINAL REVISION DEFECTIVE No. - 535 of 2016 Revisionist :- Rajjo (Minor) Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Arvind Kumar Srivastava Counsel for Opposite Party :- G.A.,Subhash Chandra
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the revisionist, learned A.G.A., for the State and learned counsel appearing for the opposite party No. 2.
Learned counsel for the revisionist had filed a certified copy of the impugned order. Accordingly office is directed to allot a regular number to this Revision.
This criminal revision has been preferred against the judgment and order dated 12.8.2016 passed by Sessions Judge, Etawah in Criminal Appeal No. 42 of 2016 (Rajjo vs. State of U.P.) whereby appeal filed against the judgment and order dated 8.7.2016 passed by Juvenile Justice Board, Etawah was dismissed. By the order dated dated 8.7.2016 passed by Juvenile Justice Board the bail application of the revisionist was rejected in case crime No. 487 of 2015 under Sections 302, 201 IPC, PS. Jaswant Nagar, District Etawah.
Learned counsel for the revisionist contended that in the present case, no good ground, as specified in Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short 'the Act') exists for rejecting the bail application. Learned Juvenile Justice Board, rejected the bail application of the applicant (revisionist) on the ground that his release is likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
Per contra, learned A.G.A. and learned counsel for the opposite party no. 2 have vehemently opposed the prayer for bail.
Juvenile Justice Board, Etawah and Sessions Judge, Etawah while rejecting the bail of the juvenile have not properly considered the grounds specified in the Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 .
There is no material evidence on record to show that release of revisionist (juvenile) is likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat ends of justice.
Considering the facts and circumstances of the case, I am of the considered view that the revisionist deserves to be released on bail.
Accordingly, the instant revision is allowed. Impugned judgments/orders passed by the courts below are hereby set aside.
Let the revisionist Rajjo (Juvenile) be enlarged on bail in Crime No. 487 of 2015 (Rajjo vs. State of U.P.) under Sections 302, 201 IPC Police Station - Jaswant Nagar, District - Etawah on her furnishing a personal bond by her legal guardian and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned.
Let a certified copy of this order be provided to the courts below for necessary compliance.
Order Date :- 29.11.2018 C. MANI