Court No. - 88
Case :- CRIMINAL REVISION No. - 245 of 2021 Revisionist :- Vansh Vishnoi @ Prince Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.,Harish Chandra Gupta
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Rakesh Kumar Verma, learned counsel for revisionist, Sri Harish Chandra Gupta, learned counsel for opposite party nos.2 and 3, Sri Dinesh Kumar Srivastava, learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred against the judgment and order dated 1.12.2020 passed by learned Juvenile Justice Board, Moradabad in Case No.52 of 2020 (State Vs. Vansh Vishnoi @ Prince), under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Kanth, District Moradabad arising out of Case Crime No.352 of 2020 and impugned judgment and order dated 24.12.2020 passed by learned Additional District and Sessions Judge (POCSO Act), Court No.1, Moradabad in Criminal Appeal No.47 of 2020 (Vansh Vishnoi @ Prince Vs. State of U.P.).
It is submitted by learned counsel for revisionist that revisionist is juvenile and has been falsely implicated in this case. The F.I.R. was lodged after three days of alleged incident on 30.8.2020 whereas the incident was alleged to be occurred on 27.8.2020. The statement of victim was recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case. The victim was appeared as P.W.-2 during trial and was declared hostile. He argues that admittedly, the revisionist is a juvenile and while deciding the bail application, the Juvenile Justice Board has solely considered the gravity of the offence alleged and had not even considered the requirement of the proviso to Section 12 (1) of the Juvenile Justice (Care and Protection) Act, 2015 (in short 'the Act'). He argues that the Appellate Court had committed the same error in dismissing the appeal.
Learned A.G.A. as well as learned counsel for opposite party nos.2 and 3 have opposed the bail prayer.
I have perused the orders rejecting the bail application and the appeal, who do not record any reasons as required in terms of the proviso to Section 12 (1) of the Act.
Considering the age of the revisionist who is minor and in custody since 1.9.2020, the revision deserves to be allowed. Accordingly, the revision is allowed and the impugned judgment and orders dated 1.12.2020 and 24.12.2020 are set aside. The bail application of the revisionist is also allowed.
Let revisionist Vansh Vishnoi alias Prince be released on bail in the aforementioned case on furnishing a personal bond and two sureties of the like amount to the satisfaction of Chief Judicial Magistrate/Juvenile Justice Board concerned.
Copy of the order downloaded from the official website of this Court shall be accepted as a true copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 27.7.2021 Kpy