Court No. - 52
Case :- CRIMINAL REVISION No. - 995 of 2017 Revisionist :- Rakesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This revision is directed against the judgment and order dated 27.2.2017 passed by Sessions Judge, Aligarh, in Criminal Appeal No.25 of 2017 (Rakesh Kumar vs. State of U.P.), dismissing the said appeal and the order dated 1.2.2017 passed by Juvenile Justice Board, Aligarh, in Case No.11 of 2017 arising out of Case Crime No.537 of 2016, under Sections 452, 376, 506 I.P.C. and 3/4 Protection of Children from Sexual Offence Act, 2012, Police Station Iglas, District Aligarh, rejecting the bail application of the revisionist (juvenile).
Heard Sri Akhilesh Srivastava & Sri Saksham Srivastava, learned counsels for the revisionist, as well as learned AGA for the State and perused the impugned orders along with entire material on record.
Despite service of notice upon opposite party no.2, no one has put in appearance on his behalf.
It is contended by learned counsel for the revisionist that the Courts below have illegally rejected the bail application of the revisionist, who is admittedly the juvenile in conflict with law. Learned counsel for the revisionist has drawn attention to the report of the District Probation Officer in which it is observed that there was an affair between the revisionist and the prosecutrix, yet he had observed that the revisionist should not be enlarged on bail. Lastly it is submitted that the revisionist is incarcerated since 18.11.2016.
Learned counsel for the revisionist has contended that the revisionist is innocent and has been falsely implicated. It is further contended that the revisionist has been declared juvenile but his bail application has been rejected by the learned Board as well as by learned Sessions Judge in Criminal Appeal without any convincing basis for giving finding that if the revisionist is released he is likely to come into association with several known and unknown criminals and expose them to moral, physical or psychological danger or his release would defeat the ends of justice.
Learned AGA as well as learned counsel for the opposite party no.2 opposed the prayer for bail.
I have considered the submissions made by the parties' counsel and perused the impugned orders passed by the learned courts below along with entire material on record as well as the provisions of the Act.
The provisions of bail to a juvenile is given in Section 12 of the Act.
The said provision provides that a juvenile accused has to be released on bail unless there are reasonable grounds for believing that the release is likely to 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. There is no any basis or material which may bring the case of the revisionist within the exceptions provided in Section 12 of the Act.
There is no such substantial material or evidence on record to show that by release on bail, the revisionist would come in association with any known criminal or his release would expose him to moral, physical or psychological danger. There is also nothing very substantial on record to show that the release of the revisionist on bail would defeat the ends of justice.
In these circumstances, the Board was not quite justified in rejecting the bail application of the revisionist. Learned Sessions Judge also does not appear to have considered the provisions of Section 12 of the Act in its proper perspective. Thus, both the impugned orders are not sustainable and are liable to be set-aside.
Accordingly, the revision stands allowed. The order dated 27.2.2017 passed by Sessions Judge, Aligarh, in Criminal Appeal No.25 of 2017 (Rakesh Kumar vs. State of U.P.), dismissing the said appeal and the order dated 1.2.2017 passed by Juvenile Justice Board, Aligarh, in Criminal Case No.11 of 2017 (State Vs. Rakesh) arising out of Case Crime No.537 of 2016, under Sections 452, 376, 506 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Iglas, District Aligarh, are set-aside.
The revisionist, Rakesh Kumar, son of Hoti Lal, through his legal and guardian Hoti Lal (Father) son of Prem Singh, resident of Bahrampur, P.S. Iglas, District Aligarh, 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 Board concerned.
Order Date :- 23.2.2018 Hasnain