Court No. - 69
Case :- CRIMINAL REVISION No. - 2711 of 2019 Revisionist :- Vikram Singh Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
This revision under Section 397/401 Cr.PC read with Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, has been preferred against the judgement and order dated 28.5.2019, passed by Addl. Sessions Judge Court No.- 1, Farrukhabad, in Criminal Appeal No. 13 of 2019 (Vikram Singh v. State of U.P. and another) and order dated 8.5.2019 passed by the Juvenile Justice Board, Farrukhabad in Case No.09/2019 (State v. Vikram Singh) in Crime No. 1489 of 2018, under sections 376,377 IPC and under section 6 of POCSO Act, Police Station - Kotwali Farrukhabad, District- Farrukhabad whereby the bail prayer of the revisionist has been dismissed.
Heard learned counsel for the revisionist as well as learned AGA for the State and perused the impugned orders along with entire material on record.
Learned counsel for the revisionist has contended that the revisionist is innocent and has been falsely implicated. It is further contended that the revisionist has been declared juvenile but his bail application has been rejected by the learned Board as well as by learned Sessions Judge in Criminal Appeal without any convincing basis for giving finding that if the revisionist is released he is likely to come into association with several known and unknown criminals and expose them to moral, physical or psychological danger or his release would defeat the ends of justice. It is further contended that revisionist is in jail since 30.12.2018.
Learned AGA opposed the prayer for bail.
I have considered the submissions made by the parties' counsel and perused the impugned orders passed by the learned courts below along with entire material on record as well as the provisions of the Act.
The provisions of bail to a juvenile is given in Section 12 of the said Act.
"The said provision provides that a juvenile accused has to be released on bail unless there are reasonable grounds for believing that the release is likely to 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. There is no any basis or material which may bring the case of the revisionist within the exceptions provided in Section 12 of the Act."
There is no such substantial material or evidence on record to show that by release on bail, the revisionist would come in association with any known criminal or his release would expose him to moral, physical or psychological danger. There is also nothing very substantial on record to show that the release of the revisionist on bail would defeat the ends of justice.
In these circumstances, the Board was not quite justified in rejecting the bail application of the revisionists. The courts below do not appear to have considered the provisions of Section 12 of the Act in its proper perspective. Thus, both the impugned orders dated 28.5.2019, passed by Addl. Sessions Judge Court No.- 1, Farrukhabad, in Criminal Appeal No. 13 of 2019 (Vikram Singh v. State of U.P. and another) and order dated 8.5.2019 passed by the Juvenile Justice Board, Farrukhabad in Case No.09/2019 (State v. Vikram Singh) in Crime No. 1489 of 2018, under sections 376,377 IPC and under section 6 of POCSO Act, Police Station - Kotwali Farrukhabad, District- Farrukhabad are not sustainable and are hereby set- aside.
Accordingly, the revision stands allowed.
Let the revisionist, Vikram Singh, (Minor) son of Rajveer Singh, resident of 30-Sunrise Colony, Police Station- Baradari, District - Bareilly Ashish Rathore (minor) son of Dinesh Chandra Rathore, resident of Mohalla Taleya Fajal Imaam, Police Station- Kotwali Farrukhabad, District- Farrukhabad, involved in Case No.09/2019 (State v. Vikram Singh) in Crime No. 1489 of 2018, under sections 376,377 IPC and under section 6 of POCSO Act, Police Station - Kotwali Farrukhabad, District- Farrukhabad, be released on bail on his furnishing a personal bond through his legal guardian and two sureties each in the like amount to the satisfaction of the Court/Board concerned with the following conditions:
i) the revisionist will not tamper with the evidence, ii) he shall not presurrize/intimidate the prosectuion witnesses and shall cooperate with the trial, iii) he shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the revisionist.
Order Date :- 21.8.2019 ssm