Heard learned counsel for the revisionist-applicant, learned AGA for the State and perused the record.
This criminal revision has been preferred by the revisionist-applicant with a prayer to quash the impugned order dated 17.2.2020 passed by Additional Sessions Judge, Court No. 2, Mirzapur in Criminal Appeal No. 168 of 2020, by which appeal of the revisionist-applicant was dismissed affirming the order dated 23.1.2020 passed by Principal Judge, Juvenile Justice Board, Mirzapur in Case Crime No. 159 of 2019, under Section 376 IPC and 3/4 of POCSO Act, P.S. Madihan, District- Mirzapur.
Learned counsel for the revisionist-applicant has submitted that the revisionist-applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the revisionist-applicant has next submitted that applicant has already been declared juvenile vide order dated 7.1.2020 wherein he has been held to be in between 13-15 years of age on the date of incident.
Learned counsel for the revisionist-applicant has drawn the attention of the Court to the report of District Probation Officer, in which it has been stated that the parents of the applicant are illiterate and his father is a truck driver and, therefore, there is lack of control over the applicant. The applicant infact had fallen in love with the victim and had committed the present offence.
Learned counsel for the revisionist-applicant has next submitted that Juvenile Justice Board as well as learned Special Judge has not given any convincing reason for rejecting the bail application of the revisionist-applicant and has held that in case, he is released on bail that may 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.
Learned counsel for the revisionist-applicant has next submitted that the revisionist-applicant is in juvenile home since 7.8.2019 i.e. more than two years.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, revisionist-applicant has made out a case for bail.
In view of the above, this criminal revision is allowed. Impugned orders dated 17.2.2020 and 23.1.2020 are set-aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant- Virendra Kumar Panika be released on bail in this case on furnishing an undertaking by guardian- father that he will take proper care over the revisionist-applicant and he will not allow him to go in the company of known criminals or expose him to moral, physical or psychological danger and he will also file a personal bond of Rs.50,000/- and two sureties of the like amount to the satisfaction of Chief Judicial Magistrate concerned.
Order Date :- 16.8.2021 KU