Court No. - 68
Case :- CRIMINAL REVISION No. - 3112 of 2019 Revisionist :- Yogesh @ Khanna Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Amrita Mishra,Alok Ranjan Mishra,Amitabh Ranjan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned Counsel for the revisionist-juvenile and learned AGA for the State, and have perused the materials available on record.
The instant revision has been preferred against order dated 17.06.2019 passed in Criminal Appeal No. 56 of 2019 ( Yogesh @ Khanna Vs. State) by Additional Sessions Judge, Court No. - 8, Agra by which the appeal filed by the revisionist has been dismissed, and order dated 21.2.2019 passed by learned Juvenile Justice Board, Agra rejecting the bail application of the revisionist-applicant in Case Crime No. 85 of 2017 under Sections 302, 394 & 411 IPC, P.S. Shamsabad, District- Agra.
Submission of learned Counsel for the revisionist-applicant is that impugned orders passed by learned Courts below are perverse, against the weight of evidence on record, based on surmises and conjectures and in any case, the impugned orders are erroneous in law and therefore, the impugned orders are liable to be set aside. Learned Counsel for the revisionist has drawn attention of the Court towards the report of District Probation Officer, Agra dated 13.2.2019 which has been filed as Annexure-22, perusal of which shows that the observations of learned Courts below are based on surmises as this report is completely in favour of the revisionist-applicant. Moreover, the behavior and social status of the family of the juvenile has been reported to be good. It is further argued that as the revisionist- applicant has been declared juvenile, he is entitled for decision of the bail application in the light of the provisions of the Act.
On the contrary, learned AGA have supported the impugned orders by stating that learned Courts below have passed the orders after due consideration which need no interference.
I have considered the rival submissions and perused the impugned orders passed by Courts below. Learned Courts below have not taken into consideration the fact that case of a juvenile is liable to be decided on different footings to that of the adult one as per the provisions of Juvenile Justice (Care & Protection of Children) Act. There was no material before the Courts below that there was every likelihood to bring him into association with any unknown criminal or exposed him to moral, physical, psychological danger and that his release would defeat the ends of justice, rather from perusal of the impugned orders, I am of the view that the same are not in accordance with the provisions of Juvenile Justice (Care & Protection of Children) Act, 2015 and are liable to be set aside.
In view of the discussion made above, this revision is allowed. The impugned orders dated 17.06.2019 and 21.02.2019 passed by Additional Sessions Judge Court No.- 8 Agra and Juvenile Justice Board Agra, respectively are quashed.
Let the revisionist-applicant (Yogesh @ Khanna) involved in Case Crime No. 85 of 2017 under Sections 302, 394 and 411 IPC, Police Station- Shamsabad, District - Agra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction by the father of the juvenile on the condition that he shall also ensure the Board that juvenile shall keep good behavior during tenure of bail and he shall keep through watch on him and guard that he may not mix up with any unknown or known criminal.
Order Date :- 30.9.2019 S.Verma