Court No. - 64
Case :- CRIMINAL REVISION No. - 1135 of 2019 Revisionist :- Rana Singh (Minor) Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sushil Kumar Mishra,Brahmanand Singh Counsel for Opposite Party :- Lalit Kumar Yadav
Hon'ble Karuna Nand Bajpayee,J.
This criminal revision is directed against the judgment and order dated 29.1.2019 passed by the First Additional Sessions Judge, Kushinagar at Padrauna in Criminal Appeal No. 1 of 2019, Rana Singh versus State of U.P. and another, whereby the appellate Court has affirmed the order dated 19.12.2018 passed by the Juvenile Justice Board, Kushinagar Padrauna in Bail Application arising out of Case Crime No.473 of 2018, State versus Rana Singh, under Sections 379, 41, 411 and 413 I.P.C. , P.S. Kotwali Padrauna, District Kushinagar by which the said bail application was rejected.
Heard learned counsel for the revisionist.
Submission of learned counsel for the revisionist is that the revisionist (Juvenile) is not having any criminal history and he is languishing behind the bars since 14.10.2018. Mobiles are said to have been recovered from his possession. The revisionist is a juvenile in conflict with law. Though the bail application of the revisionist has been rejected both by the Principal Magistrate, Juvenile Justice Board and also by the lower appellate court and it has been expressed that there is danger that the revisionist may come in the contact of other delinquents which may adversely affect his moral and psychic welfare and it would defeat the ends of justice to release him on bail but there is no tangible and sufficient material to make such apprehension regarding the revisionist. Further submission is that the revisionist has already spent sufficient period behind the bars and he should be given another chance to lead a better or at least a normal life and it may be presumed that incarceration of this period must have impelled the delinquent to atone for the wrongs which he might have committed. Detaining the revisionist for an indefinite period of time would frustrate all possibilities of reformation and his future shall be ruined. It has also been submitted that there is no likelihood of early conclusion of the trial, hence the revisionist may be enlarged on bail.
Heard learned A.G.A. and learned counsel appearing for opposite party no.2 and perused the record.
After considering the totality of the facts and circumstances of the case and the record and also the impugned orders, this Court finds that the impugned orders are not sustainable in the eyes of law as the adverse findings and observations as have been made in the orders do not appear to be based on any tangible and sufficient material .
This criminal revision stands allowed.
Let the revisionist Rana Singh be released on bail on his executing a personal bond and two solvent sureties each of his family members and/or relatives to the satisfaction of the court concerned in Case Crime No. 473 of 2018, under Sections 379, 41, 411 and 413 I.P.C., P.S. Kotwali Padrauna, District Kushinagar .
Order Date :- 26.9.2019 CPP/-