1. Heard Sri Surya Kumar, learned counsel for the revisionist as well as learned Additional Government Advocate for the State of U.P.
2. The instant revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, has been filed challenging the order dated 30.05.2019, passed by the Additional Sessions Judge/Special Judge (POCSO Act), Court No. 1, Balrampur, in Criminal Appeal No. 04 of 2019 - Tariq Vs. State of U.P., as well as order dated 27.06.2018, passed by the Juvenile Justice Board, Balrampur in Bail No. 14 of 2018, arising out of Case Crime No. 64 of 2018, under Sections 376 I.P.C. and Section 3/4 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station - Pachperwa, District - Balrampur, whereby the bail application of the applicant-revisionist has been rejected. Further prayer for releasing the revisionist on bail has been made.
3. Learned counsel for the revisionist submits that the revisionist is in custody since 22.04.2018 and has spent more than 2 years and 7 month's in jail. He submits that the revisionist has spent substantial period in incarceration and even if the revisionist is convicted for the maximum sentence, it would have been three years. He has also drawn attention of this Court towards the report of the District Probation Officer, Balrampur wherein nothing adverse has been reported against the applicant and that his conduct has been good during his incarceration and also that the revisionist does not have any criminal history. It has also been stated that revisionist is class 7th pass and had ordinary up-bringing. Learned counsel for the revisionist further submits that there are serious contradictions in the version of prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. and also that from perusal of the medical report of the prosecutrix no injury has been reported.
4. Learned Additional Government Advocate has opposed the bail application but could not dispute the aforesaid submission made by learned counsel for the revisionist.
5. Heard learned counsel for the parties and perused the record.
6. Considering the overall facts and circumstances of the case, the material on record and without expressing any opinion on the merits of the case, and also looking into the period of incarceration as well as report of the District Probation Officer, I am of the opinion that revisionist has made out a case for grant of bail.
7. In view of above, the impugned order dated dated 30.05.2019, passed by the Additional Sessions Judge/Special Judge (POCSO Act), Court No. 1, Balrampur, as well as order dated 27.06.2018, passed by the Juvenile Justice Board, Balrampur, are hereby set aside.
8. The revision is allowed.
9. Let the revisionist Tariq be released on bail in connection with Case Crime No. 64 of 2018, under Sections 376 I.P.C. and Section 3/4 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station - Pachperwa, District - Balrampur, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The parents/guardians of the revisionist will furnish an undertaking that upon release on bail, the juvenile will not be permitted to get into contact or association with any known or unknown criminal or exposed to any moral or physical danger and will not indulge in any criminal activity and they will make best efforts for improvement of the juvenile
(ii) The revisionist and his parents/guardians shall remain present before the Board/trial Court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial Court may proceed against the juvenile under Section 229-A of the Indian Penal Code.
(iii) In case, the revisionist misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the revisionist fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
10. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the revisionist in accordance with law.
11. The Court below is directed to sent the bail bonds and list of sureties submitted by the revisionist, to this Court for keeping them on record.
Order Date :- 2.2.2021 A. Verma (Alok Mathur, J.)