Learned AGA has filed counter affidavit today in Court on behalf of the State, 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 25.8.2020 passed by Additional District and Sessions Judge/, POCSO Court No.2, Hathras in Criminal Appeal No. 45 of 2019 and order dated 19.10.2019 passed by Principal Magistrate, Juvenile Justice Board, Hathras in case crime no. 1247 of 2017, State of U.P. Vs. Shiva @ Shivam Kumar, under section 376-D, 506 I.P.C. and section 4 of POCSO Act P.S. Sadabad, District Hathras.
Learned counsel for the revisionist-applicant has submitted that the revisionist-applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the revisionist-applicant has next submitted that applicant has already been declared juvenile vide order dated 5.8.2019.
Learned counsel for the revisionist-applicant has drawn the attention of the Court to the report of District Probation Officer in which it has been stated that the revisionist if kept in strict family control can grow up as an ideal citizen.
Learned counsel for the revisionist-applicant has 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 Special 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 15.1.2018 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, revisionist-applicant has made out a case for bail.
In view of the above, this criminal revision is allowed. Impugned orders dated 25.8.2020 and 19.10.2019 are set-aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant- Shiva @ Shivam Kumar (Minor) be released on bail in this case on furnishing an undertaking by guardian- father 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 :- 13.1.2021 R