Court No. - 71
Case :- MATTERS UNDER ARTICLE 227 No. - 1350 of 2019 Petitioner :- Roshan Khan @ Osama Respondent :- State Of U.P. And Another Counsel for Petitioner :- Muqeem Ahmad Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.
This petition has been filed seeking direction to the Principal Judge, Juvenile Justice Board, Azamgarh, to permit the petitioner to appear in Misc. Application No. 23 of 2019, arising out of Case Crime No. 24 of 2019 (State Vs. Roshan Khan @ Osama), under Sections- 147, 148, 307 I.P.C., Police Station- Kotwali, District- Azamgarh, and he may be released after taking personal bond of the petitioner and his natural guardian till declaration of juvenility of petitioner.
Submission is that during the pendency of application of the petitioner for determination of the issue regarding his juvenility, the petitioner moved an application before the court below that he may be released on furnishing personal bond. It has been submitted that the petitioner is a student of 12th Class and he is appearing in the examination conducted by the Central Board of Secondary Examination of 12th Class in the year 2019. The application of the applicant has already been filed on such prayer before the court below on 16.02.2019, which is said to be pending. The applicant has relied upon the judgement of this Court Mohd. Bilal Vs. State of U.P. and Another, 2006 (1) JIC 64 (All), wherein this Court has held that Juvenile Justice Board shall release the accused after taking personal bond, during the pendency of inquiry of the juvenility of accused.
This application is disposed of directing the Juvenile Justice Board, Azamgarh, to consider the law of this Court aforesaid and pass appropriate order on this application of the applicant dated 16.02.2019, within the period of three weeks from the date of production of certified copy of this order.
Order Date :- 28.2.2019/Ruchi Agrahari