1. Heard learned counsel for the revisionist as well as learned Additional Government Advocate for the State of U.P.
2. The instant revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "the Act, 2015"), has been filed challenging the order dated 07.02.2020, passed by the Additional Sessions Judge, Court No. 12/Special Judge (POCSO Act), Hardoi, in Criminal Appeal No. 57 of 2019, arising out of Case Crime No. 775 of 2018, under Sections 302,, 376-D(A), 201 I.P.C. and Section 5(G)6 of POCSO Act, Police Station - Kotwali Sahar, District - Hardoi, as well as order dated 26.09.2019, passed by the Juvenile Justice Board in Bail Application No. 49 of 2019, whereby the bail application of the applicant-revisionist has been rejected. Further prayer for releasing the revisionist on bail has been made.
3. Learned counsel for the revisionist submits that the revisionist is in custody since 08.12.2018, therefore, the revisionist is in custody for nearly two years and one month. He has also drawn attention of this Court towards the report of the District Probation Officer, Hardoi wherein nothing adverse has been stated. In the report it has been recorded that revisionist was student of Class 11th and that his conduct has been good during his incarceration and also that the revisionist does not have any criminal history nor there is any criminal history of any of his family member. Section 12 of the Act, 2015 provides that bail may be considered to a child. Section 18 of the Act, 2015 provides that the child below the age of 16 years, if has committed a heinous offence, may be kept in custody in a Home for a period of three years.
4. Learned Additional Government Advocate has submitted that the Juvenile Justice Board and the Appellate Authority both have not found the case of the present revisionist fit for granting bail. However, so far as the provisions of Section 12 of the Act are concerned and the report of Probationary Officer is concerned, he has nothing to say.
5. Heard learned counsel for the parties and perused the record.
6. Considering the overall facts and circumstances of the case, the material on record and without expressing any opinion on the merits of the case, and also looking into the period of incarceration as well as report of the District Probation Officer, I am of the opinion that revisionist has made out a case for grant of bail.
7. In view of above, the impugned order dated 07.02.2020, passed by the Additional Sessions Judge.Court No. 12/Special Judge (POCSO Act), Hardoi, as well as order dated 26.09.2019, passed by the Juvenile Justice Board, are hereby set aside.
8. The revision is allowed.
9. Let the revisionist Ramji Yadav @ Langad be released on bail in connection with Case Crime No. 775 of 2018, under Sections 302,, 376-D(A), 201 I.P.C. and Section 5(G)6 of POCSO Act, Police Station - Kotwali Sahar, District - Hardoi, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The parents/guardians of the revisionist will furnish an undertaking that upon release on bail, the juvenile will not be permitted to get into contact or association with any known or unknown criminal or exposed to any moral or physical danger and will not indulge in any criminal activity and they will make best efforts for improvement of the juvenile
(ii) The revisionist and his parents/guardians shall remain present before the Board/trial Court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial Court may proceed against the juvenile under Section 229-A of the Indian Penal Code.
(iii) In case, the revisionist misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the revisionist fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
10. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the revisionist in accordance with law.
11. The Court below is directed to sent the bail bonds and list of sureties submitted by the revisionist, to this Court for keeping them on record.
Order Date :- 3.2.2021 A. Verma (Alok Mathur, J.)