Court No. - 71
Case :- CRIMINAL APPEAL No. - 1326 of 2019 Appellant :- Suraj Yadav (Minor) Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Rabindra Bahadur Singh,Ruby Goutam Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
This criminal appeal has been filed by the learned counsel for the appellant under Section 101 (5) of the Juvenile Justice (Care and Protection of Children), Act 2015 read with Section 374 (2) of Cr.P.C. for setting aside the order dated 19.01.2019 passed by Additional Session Judge, Court No. 1st/Juvenile Court, Sonebhadra in Criminal Misc. Bail Application No. 69 of 2019, in Special Session Trial No. 09 of 2019 (Case Crime No. 665 of 2018) under Section 376 I.P.C. & 3/4 Protection of Children from Sexual Offence Act, 2012, Police Station- Robertsganj, District- Sonebhadra.
The submission is that the appellant and the victim both are minors. In the first information report the allegation at the most is of Section 354 I.P.C. Subsequently, on the statement of the victim under Section 164 Cr.P.C. the appellant has been implicated under Section 376 and 3/4 POCSO Act. The medical report does not supports the allegation of rape. The appellant is languishing in jail since 28.11.2018. The appellant has no criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the appellant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that the appellant is entitled to be released on bail.
Let the appellant, Suraj Yadav (Minor), be released on bail in the aforesaid case on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The impugned order dated 19.01.2019 passed by Additional Session Judge, Court No. 1st/Juvenile Court, Sonebhadra, in the aforesaid case is, hereby, quashed.
The appeal is allowed.
Order Date :- 25.2.2019 Rohit