Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the revisionist-applicant, learned AGA for the State and perused the record.
None has appeared on behalf of O.P. No.2 despite service of notice.
This criminal revision has been preferred by the revisionist-applicant with a prayer to set aside the impugned order dated 17.8.2020 passed by Special Judge, POCSO Act/Additional Sessions Judge,, Court No.8, Shahjahanpur in Criminal Appeal No. 14 of 2020 (Sumit Kumar Singh Vs. State of U.P. ), as well as order dated 2.6.2020 passed by Juvenile Justice Board, Shahjahanpur in Bail Application No. 18 of 2020, Sumit Kumar Singh Vs. State of U.P., in case in Case Crime No. 35 of 2020, under Sections 363, 366, 376-D IPC, P.S. Katra, District- Shahjahanpur.
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 28.5.2020.
Learned counsel for the revisionist-applicant has drawn the attention of the Court to the Social Investigation Report submitted by the District Probation Officer dated 14.5.2020, in which it has been stated that the applicant as well as family members do not have any criminal history and the applicant is a student and wish to complete his studies.
Learned counsel for the applicant has next submitted that the co-accused Rohan Saxena has already been granted bail by this Court in Criminal Misc. Bail application No. 18634 of 2020 vide order dated 16.12.2020.
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 9.3.2020 and there is no chance of trial being concluded in near future due to heavy dockets, 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 17.8.2020 and 2.6.2020 are set-aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant- Sumit Kumar Singh (Minor) be released on bail in this case on furnishing an undertaking by guardian- mother 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 :- 19.2.2021 R