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Saurabh (Minor) vs State Of Up And Another

High Court Of Judicature at Allahabad|25 January, 2021

JUDGMENT / ORDER

1. Heard Mr. Rakesh Kumar Verma, learned Counsel for the revisionist and Mr. Dinesh Kumar Srivastava, learned A.G.A. appearing on behalf of the State.
2. This Revision is directed against an order of the learned Sessions Judge, Amroha dated 13.08.2020, rendered in Criminal Appeal no.04 of 2020, under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ''the Act'), dismissing the said Appeal and affirming an order of the Juvenile Justice Board, Amroha dated 27.02.2020 passed in Case no.90 of 2019, refusing bail to the revisionist in Case Crime No. 225 of 2019, under Section 3/25 of the Arms Act, Police Station Didauli, District Amroha.
3. The crime giving rise to the present Revision is part of the offence that was subject matter of Case Crime No. 224 of 2019, under Section 307 of I.P.C., Police Station Didauli, District Amroha, wherein by a judgment and order of date passed in Criminal Revision no.1516 of 2020, I have set aside the orders of the learned Sessions Judge and the Board and granted bail to the revisionist.
4. For the reasons detailed in my judgment and order of date, rendered in Criminal Revision no.1516 of 2020, this Revision succeeds and is allowed. The impugned order dated 13.08.2020 passed by the learned Sessions Judge, Amroha in Criminal Appeal no.04 of 2020 and the order dated 27.02.2020 passed by the Juvenile Justice Board, Amroha in Case Crime No. 225 of 2019, under Section 3/25 of the Arms Act, Police Station Didauli, District Amroha, are hereby set aside and reversed. The bail application of the revisionist stands allowed.
5. Let the revisionist, Saurabh, through his natural guardian/ mother, Smt. Shila wife of Naresh, be released on bail in Case Crime No. 225 of 2019, under Section 3/25 of the Arms Act, Police Station Didauli, District Amroha upon his mother furnishing a personal bond with two solvent sureties of his relatives each in the like amount to the satisfaction of the Juvenile Justice Board, Amroha, subject to the following conditions:
(i) that the natural guardian/ mother, Smt. Shila 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 mother will ensure that the juvenile will not repeat the offence.
(ii) The revisionist and his mother, Smt. Shila will report to the District Probation Officer on the first Monday of every calendar month commencing with the first Monday of March, 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, Amroha 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 :- 25.01.2021 Anoop/NSC
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Title

Saurabh (Minor) vs State Of Up And Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
25 January, 2021
Judges
  • J J Munir