This revision is directed against the order dated 30.9.2020 passed by Additional Sessions Judge Rape/POCSO Act, Court No. 42, Shahjahanpur in Juvenile Appeal No.28 of 2020 (Shivam Versus State of U.P. and Another) and the order dated 3.9.2020 passed by Principal Magistrate, Juvenile Justice Board, Shahjahanpur, in Case Crime No. 238 of 2020 under Sections 376 DA/34 I.P.C., Section 3/4 of POCSO Act and Section 3(2)(5) of S.C./S.T. Act Police Station Ramchandra Mission, District Shahjahanpur, whereby the application for bail of the revisionist, Shivam was rejected.
The revisionist is an accused in the aforesaid criminal case and he was declared juvenile by the Board on 20.8.2020 in conflict with law. The application for bail moved on behalf of the revisionist was rejected by the Board vide order dated 3.9.2020 on the ground that his release on bail is likely to bring him into association with any unknown criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. Being aggrieved the revisionist preferred an appeal before Sessions Judge,Shahjahanpur which was dismissed vide order dated 30.9.2020, hence this revision.
Heard learned counsel for the revisionist, learned counsel for opposite party no.2 as well as learned AGA for the State and perused the impugned orders as well as material placed on record.
Learned counsel for the revisionist submitted that only role assigned to the revisionist is of catching hold and the role of committing rape is assigned to co-accused Ravi. It is further argued that the Board rejected the bail application on the basis of surmises and conjecture whereas the report of District Probation Officer was in his favour. There was nothing on record to bring the case of the revisionist within the purview of any of the exceptions provided in Section 12 of the Act.
The bail application of Juvenile has to be decided in accordance with the provisions of section 12 of the Act which reads as follows:
12. Bail of juvenile. - (1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety [or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not be so released if there appear reasonable grounds for believing that the release is likely to 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.
The aforesaid provision provides that a juvenile accused has to be released on bail unless there are reasonable grounds for believing that the release is likely to 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. No such report was filed by the Probation Officer or the police so as to bring the case of the revisionist within the exceptions provided in Section 12 of the Act.The report of the District Probation Officer was only to the effect that the parents of the revisionist have no control over the accused-revisionist and he requires proper guidance and supervision There is nothing on record to show that the revisionist would come in association with any known criminal or his release would expose him to moral, physical or psychological danger. There is also nothing on record to show that the release of the revisionist on bail would defeat the ends of justice. The gravity of the offence is not a relevant consideration for grant of bail to a juvenile, as held by this Court in Shiv Kumar alias Sadhu Vs. State of U.P., 2010 (1) JIC 771 (LB).
In these circumstances, the Board was not justified in rejecting the bail application of the revisionist.
Learned Sessions Judge has also not considered the provisions of Section 12 of the Act in proper perspective. Thus, both the impugned orders are not sustainable and are liable to be set-aside.
Revision is allowed. The impugned order dated 30.9.2020 passed by Additional Sessions Judge Rape/POCSO Act, Court No. 42, Shahjahanpur in Juvenile Appeal No.28 of 2020 (Shivam Versus State of U.P. and Another) and the order dated 3.9.2020 passed by Principal Magistrate, Juvenile Justice Board, Shahjahanpur, in Case Crime No. 238 of 2020 under Sections 376 DA/34 I.P.C., Section 3/4 of POCSO Act and Section 3(2)(5) of S.C./S.T. Act Police Station Ramchandra Mission, District Shahjahanpur, are set aside.
Let the revisionist- Shivam involved in Case Crime No. 238 of 2020 under Sections 376 DA/34 I.P.C., Section 3/4 of POCSO Act and Section 3(2)(5) of S.C./S.T. Act Police Station Ramchandra Mission, District Shahjahanpur, be released on bail on his mother executing a personal bond with two solvent/reliable sureties each in the like amount to the satisfaction of the Juvenile Justice Board, Shahjahanpur on the condition that she will keep the revisionist in her proper care and custody.
Order Date :- 17.8.2021 S.Verma