Court No. - 75
Case :- CRIMINAL REVISION No. - 2027 of 2020 Revisionist :- Ridam Agrawal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Smt. Priyanka Srivastava,Rajneesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavit on behalf of the State today in Court, which is taken on record.
Heard learned counsel for the revisionist-applicant, learned AGA for the State and perused the record.
This criminal revision has been preferred by the revisionist-applicant with a prayer to quash the impugned order dated 12.10.2020 passed by Additional Sessions Judge/ Special Judge (POCSO Act), Bareilly in Criminal Appeal No. 45 of 2020 (Ridam Agrawal Vs. State of U.P.), by which appeal of the revisionist-applicant was dismissed and the order dated 24.06.2020 passed by Principal Judge, Juvenile Justice Board, Bareilly in Case Crime No. 327 of 2019 (State of U.P. Vs. Ridam Agrawal), under Sections 363, 366, 366-A, 376, 384, 120-B, 506 IPC and Section 3/4/17 of POCSO Act, Police Station Prem Nagar, District Bareilly, by which the prayer for releasing the revisionist-applicant on bail has been refused.
As per the Office report dated 05.01.2021, notice has been served upon the Opposite Party No.2 personally, however, despite being served, none has appeared on her behalf.
Learned counsel for the revisionist-applicant has submitted that District Probation Officer vide his report dated 23.06.2020 has submitted that the applicant is having friendly relations with the victim and there was some dispute between the parties in respect of payment of money. The applicant's father is serving in a private company.
Learned counsel for the applicant has next submitted that Juvenile Justice Board has declared the revisionist- applicant as juvenile vide order dated 03.03.2020.
Learned counsel for the revisionist-applicant has next 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 Additional Sessions 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 revisionist-applicant has next submitted that the revisionist-applicant is in jail since 08.09.2019 and he has no criminal history to his credit, as such, he be released on bail.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, I am of the view that the revisionist-applicant has made out a case for bail.
In view of the above, this criminal revision is allowed. Impugned orders dated 12.10.2020 and 24.06.2020 are set-aside and the bail application of the revisionist- applicant is allowed.
Let the revisionist-applicant Ridam Agrawal be released on bail in this case on furnishing an undertaking by natural guardian father Amit Kumar, 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 :- 6.1.2021 NA