The present revision has been filed against the order dated 20.8.2018 passed by the Ist Additional Session Judge/Special Judge, Human Right and POCSO Act, Pratapgarh in Criminal Appeal No.66 of 2018, which was preferred against the order dated 17.7.2018 passed by the Juvenile Justice Board rejecting the bail application of the accused-revisionist in FIR No.342 of 2018, under Section 3/25 Arms Act, Police Station Kotwali Nagar, District Pratapgarh.
Learned counsel for the accused-revisionist submits that from the impugned order, it is evident that the accused-revisionist was 16 years, 8 months and 20 days on the date incident and, therefore, he is major as of today. He further submits that co-accused Kush Samwansh @ Babu has already been granted bail by this Court vide order dated 12.11.2018 in Bail No.7001 of 2018. The accused-revisionist is in jail since 1.5.2018.
Considering the fact that co-accused has been enlarged on bail, it would be appropriate to enlarge the accused-revisionist on bail.
Let revisionist Vikas Gautam @ Vikas Jaiswal @ Bachcha be released on bail in the above case crime number on his furnishing a personal bond and two sureties each to the satisfaction of Court concerned with the following conditions:-
(i) The revisionist shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The revisionist shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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.
(iv) The revisionist shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In view of the order of release of the accused-revisionist on bail, the revision is allowed and the order dated 20.8.2018 passed by the Ist Additional Session Judge/Special Judge, Human Right and POCSO Act, Pratapgarh in Criminal Appeal No.66 of 2018 and the order dated 17.7.2018 passed by the Juvenile Justice Board, are hereby set aside.
Order Date :- 18.12.2019 Rao/-