Court No. - 49
Case :- CRIMINAL REVISION No. - 794 of 2021 Revisionist :- Sonu Singh Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Lal Mani Singh,Praveen Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Rejoinder affidavit filed by learned counsel for the revisionist, same is taken on record.
Heard learned counsel for the revisionist, learned A.G.A. appearing for the State and perused the record.
None appears on behalf of opposite party no. 2 despite service of notice personally.
This criminal revision has been preferred against the judgment and order dated 18.01.2021 passed by the Additional Sessions Judge/Special Judge (POCSO Act), Court No. 13, Kanpur Dehat in Criminal Appeal No. 54 of 2020 (Sonu Singh vs. State of U.P.) as well as order dated 10.10.2020 & 17.12.2020 passed by Juvenile Justice Board, Kanpur Dehat in Case Crime No. 218 of 2020 under Sections 376-AB, 511, 452, 354(Kh) IPC and Section 6/18, 9/10 of Protection of Children from Sexual Offences Act, Police Station Moosanagar, District Kanpur Dehat whereby both the Courts below have rejected the bail application moved on behalf of the revisionist.
It is argued by the learned counsel for the revisionist that the Juvenile Justice Board as well as Appellate Court have passed the impugned orders erroneously by which they have rejected the application of bail of the accused-revisionist, who is a minor of 15 years 8 months and 29 days, as per the determination of age made by the Juvenile Justice Board vide order dated 03.12.2020. The accused-revisionist is languishing in jail since 11.10.2020, the outer limit for which the accused can be punished for the offence is only three years. He is absolutely innocent as in the social investigation report nothing adverse has been found to the effect that if he is released on bail, he would come in association with hardened criminals. The trial court has erroneously mentioned that the purpose of justice would be frustrated in case the accused-revisionist is released on bail. He further submitted that simply there is an allegation of attempt to commit rape against the revisionist. The victim in her statement under Section 161 & 164 Cr.P.C. has clearly stated that the revisionist did nothing wrong with her and he fled from the spot after seeing her mother. Further submitted that the revisionist has been falsely implicated owing to enmity and party bandi.
Per contra, learned A.G.A. opposed the above submission however he did not dispute the above facts.
Perusal of the record reveals that the revisionist is below 16 years of age, as per the age determination order of the Juvenile Justice Board dated 03.12.2020. The victim in her statement under Section 161 & 164 Cr.P.C. has stated that nothing wrong has been done with her by the revisionist. A perusal of the impugned orders would indicate that both the forum below have rejected the bail application of the accused-revisionist only on the ground of offence being very serious/heinous and they have not taken into consideration the mandatory provision of grant of bail as provided under section 12 of the Juvenile Justice (Care and Protection of Children) (Amended) Act 2015 wherein it is laid-down that the bail could be refused to the accused-juvenile only when he is likely to come into association with any known criminal or would be exposed to moral, physical or psychological danger or that his release would defeat the ends of justice. No such evidence appears to be there on record, collected by the prosecution side including that of social investigation report which would indicate evidence to above effect.
In view of the above, this is found to be a fit case for grant of bail.
The revision deserves to be allowed and is accordingly allowed. The impugned order of Juvenile Justice Board dated 10.10.2020 & 17.12.2020 as well as order dated 18.01.2021 of the appellate court are set aside.
Let the Juvenile revisionist- Sonu Singh (Minor) be released on bail on his father Sri Om Prakash furnishing a personal bond of Rs.one lac and two sureties of the like amount to the satisfaction of the Juvenile Justice Board on furnishing an undertaking that he shall not allow the revisionist to come in association with any hardened criminal and shall take care of his education and well being and that on each and every date of trial, he shall also appear before the court concerned. In case, he makes any default, the prosecution shall be at liberty to move for cancellation of his bail.
Order Date :- 29.9.2021/VPS