Court No. - 67
Case :- CRIMINAL REVISION No. - 3844 of 2018 Revisionist :- Virendra (Minor) Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Vijay Shantam Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionist and learned AGA for the State.
The instant revision is filed under Section 102 of the Juvenile Justice (Care & Protection) Act challenging the order dated 05.10.2018 passed by VIIIth Additional District & Sessions Judge (POCSO) Act, Bulandshahar in Criminal Appeal No. 92 of 2018 by which the appeal filed on behalf of the revisionist was dismissed and order dated 12.09.2018 passed by Presiding Officer, Juvenile Justice Board in case crime no. 18 of 2018 under Sections 302, 392 IPC, P.S. Ahmadgarh, District Bulandshahar rejecting the bail application of the applicant.
It is contended by the counsel that the FIR of the incident was came into existence on 14.02.2018, the same was registered against unknown persons under Sections 302 and 392 IPC. It is next contended by the counsel that after considerable delay on 18.03.2018, an informer has given a tip to the Investigating Officer regarding informant of the present revisionist for the commission of the offence. Except this, there is nothing incriminating material involving the applicant in the said offence vide order dated 28.07.2018 Juvenile Justice Board, Bulandshahar has computed the age of the applicant as 15 years 5 months and 10 days on the date of the incident. The report of the DPRO, which is annexed as supplementary affidavit today shows that the revisionist is quite normal child having no criminal antecedent nor his family having any chequered past.
I have gone through the order impugned and there is no material on record to fall this case under Section 12 of the Juvenile Justice (Care & Protection) Act, 2000 which is quoted hereinbelow :-
"12. Bail of juvenile.—
(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety 1[or placed under the supervision of a Probation Officer or under the care of any fit institution of fit person] but he shall not be so released if there appear 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.
(2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.
(3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order."
I have carefully seen the order impugned. As per Section 12(1) of Juvenile Justice Act, bail to the minor could be refused, they are:-
(i) If there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal
(ii) Or expose him to moral, physical or psychological danger.
(iii) Or that his release would defeat the ends of justice.
On a careful perusal of the order, their is not even a whisper as to the case of applicant fall within either of the categories mentioned above. It appears that the learned Judge has over obsessed by the sections of IPC in which the applicant is entitled.
Consequently the revision stands allowed. The order dated 05.10.2018 passed by VIIIth Additional District & Sessions Judge/Special Judge (POCSO), Bulandshahar.
The revisionist Virendra (minor) son of Sri Rambhool, r/o Village Bhimpur Doraha, P.S. Dibai, District Bulandshahar involved in aforesaid case be released on bail on his furnishing a personal bond through his legal guardian and two heavy sureties each in the like amount to the satisfaction of the court concerned after giving custody a personal undertaking of father that he shall take good care of his son and would not permit him to roam around with the ante social element or bad element.
The office is directed to remit back the original records of Crl. Appeal No. 92 of 2018 to the court concern at Bulandshahar within 15 days.
Order Date :- 27.2.2019 Abhishek Sri.