Court No. - 28
Case :- CRIMINAL REVISION No. - 1432 of 2016 Revisionist :- Vishnu Alias Vishwajeet (Minor) Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Kamlesh Kumar Tiwari,Sudeep Harkauli Counsel for Opposite Party :- G.A.,Ghanshyam Dubey
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for revisionist, learned counsel for opposite party no. 2 and learned A.G.A. for State.
This criminal revision has been preferred against the judgment and order dated 02.05.2016 passed by Sessions Judge, Gorakhpur in Criminal Appeal No. 52/2016 (Vishnu @ Vishwajeet Vs. State of U.P.) dismissing the appeal against order dated 12.04.2016 passed by Principal Magistrate, Juvenile Justice Board, Gorakhpur. By order dated 12.04.2016, Juvenile Justice Board, Gorakhpur has rejected the bail application of juvenile Vishnu @ Vishwajeet in Case Crime No. 328/2015 under Sections 364, 302, 201 I.P.C., Police Station- Pipiganj, District Gorakhpur.
As per prosecution version, on 13.12.2015 at about 2:00 p.m., revisionist/applicant and accused Ranjeet Tripathi @ Nikhil took away Puneet Tripathi, husband of informant Smt. Indu Tripathi. Later on, dead-body of deceased (Puneet Tripathi) was recovered.
It is contended by learned counsel for revisionist that there exists no ground as specified in Section 12 of Juvenile Justice (Care and Protection) Act, 2015 for rejection of bail application of revisionist. The role of revisionist is similar to that of accused Ranjeet Tripathi @ Nikhil, who has been enlarged on bail by this Court vide order dated 19.09.2017 passed in Criminal Misc. Bail Application No. 20937 of 2016. Revisionist has no criminal antecedent and at the time of occurrence his age of 14 years 7 months and 18 days. He is in Protection and Care of Juvenile Home for two years and three months.
It is further contended that Shri Ram Prakash Tipathi (Maternal Uncle) is his legal guardian. He was accused in one case under Section 302 I.P.C. in which he has been acquitted.
Learned counsel for opposite party no. 2 and learned A.G.A. opposed the prayer for bail and contended that there is no any illegality in the order passed by courts below. It is further contended by learned counsel for opposite party no. 2 that father of revisionist Om Prakash Tripathi is a heinous criminal, several cases pending against him. Ram Prakash Tripathi is also a criminal therefore revisionist should not be given in his protection.
Bail application of revisionist has been rejected on the basis of report dated 07.04.2015 of District Probation Officer, Gorakhpur in which it is mentioned that parents of juvenile has lessor control on him and he needs proper care. Report of District Probation Officer, Gorakhpur is not based on any substance. There is no evidence or material on record to show that the release of juvenile 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.
In the facts and circumstances of the case, I am of the opinion that applicant deserves to be released on bail.
Accordingly, this criminal revision is allowed, impugned judgments/orders passed by the courts below are hereby set aside.
The revisionist Vishnu Alias Vishwajeet (Juvenile) be enlarged on bail in Case Crime No. 328/2015 under Sections 364, 302, 201 I.P.C., Police Station- Pipiganj, District Gorakhpur on furnishing a personal bond by his maternal uncle Ram Prakash Tripathi and two sureties in the like amount to the satisfaction of the concerned Juvenile Justice Board.
Order Date :- 24.4.2018 Sharad/-