Court No. - 49
Case :- CRIMINAL REVISION No. - 1647 of 2021 Revisionist :- Sapna Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjay Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Heard Sri Sanjay Tripathi, learned counsel for revisionist/petitioner (described as 'X' in the light of the law laid down by Supreme Court in case of Shilpa Mittal vs. State of NCT of Delhi and Others; AIR 2020 SC 405.) and learned AGA for the State.
2. This Criminal Revision has been filed on behalf of 'X' being aggrieved of order dated 30.06.2021, passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Mahoba whereby it has confirmed the order of the learned Juvenile Justice Board, Mahoba dated 22.06.2021 and has rejected the appeal filed by the 'X', who is a person in conflict with law, on the ground that there are omnibus allegations against the applicant admittedly, on the date of the incident, age of the applicant was 15 years 19 days.
3. Learned counsel for petitioner submits that whole family of the petitioner has been falsely implicated. FIR is under Sections 306, 506 IPC and none of the ingredients of Section 306 IPC or Section 107 IPC, so to constitute an offence under Section 306 IPC, are made out. It is submitted that Probationary Officer in his report, which is extracted in Para-5 of the appellate order, has informed that behaviour and conduct of 'X', is satisfactory. 'X' is student of Class-IXth. 'X' is not habitual of any type of intoxication, but it is mentioned that probability of his falling in contact of moral, physical and psychological danger, cannot be denied. However, the court concerned has not mentioned in its impugned order as to what was the basis for recording a finding that moral, physical and psychological danger is possible to the juvenile. There is no discussion of this aspect in the impugned order. 'X' is already in custody since 23.03.2021. In absence of any justification and especially, a failure of the court below to take into consideration the exceptions given under Section 12 where bail can be denied, this is a fit case to interfere in the impugned orders and grant bail to the juvenile.
4. Learned AGA opposes the prayer made by learned counsel for petitioner.
5. After hearing learned counsel for parties and going through the record, I am of the opinion that petitioner child is entitled to be enlarged on bail.
6. In the result, this revision succeeds and is allowed. The impugned order dated 30.06.2021 passed by the Additional Sessions Judge/Special Judge, POCSO Act, Mahoba in Criminal Appeal No. 23 of 2021, under Section 101 of Juvenile Justice (Care and Protection of Children) Act, 2015, arising out of order dated 22.06.2021 passed by Juvenile Justice Board, Mahoba in Case Crime No. 86 of 2021, under Section 306 and 506 IPC at Police Station-Kabrai, District-Mahoba, are hereby set aside and reversed. The bail application of the revisionist stands allowed.
7. Let the revisionist, 'X' through his natural guardian be released on bail in the aforesaid case, upon his natural guardian furnishing a personal bond with two solvent sureties of his relatives each in the like amount to the satisfaction of the Juvenile Justice Board, Mahoba subject to the following conditions:
(i) that the natural guardian will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.
(ii) The revisionist and his natural guardian will report to the District Probation Officer on the first Monday of every calendar month commencing with the first Monday of August, 2021 and if during any calendar month the first Monday falls on a holiday, then on the following working day.
(iii) The District Probation Officer will keep strict vigil on the activities of the revisionist and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Mahoba on such periodical basis as the Juvenile Justice Board may determine.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2021 Vikram/-