Court No. - 68
Case :- CRIMINAL REVISION No. - 2707 of 2019 Revisionist :- Yuvraj Singh (Minor) Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Girish Kumar Gupta Counsel for Opposite Party :- G.A.,Prashant Sharma
Hon'ble Umesh Kumar,J.
Heard learned Counsel for the applicant, learned Counsel for the opposite party no.2 and learned AGA for the State, and have perused the materials available on record.
The instant revision has been preferred against the order dated 01.07.2019 passed by Additional Sessions Judge, Court No. 10, Varanasi by which the appeal filed by the revisionist has been dismissed, and the order dated 20.5.2019 passed by learned Juvenile Justice Board rejecting the bail application of the revisionist-applicant in Case Crime No. 171 of 2019 under Sections 302, 120-B, IPC, P.S. Lanka district, Varanasi.
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, Varanasi dated 23.2.2019 which has been filed as Annexure-4 to the affidavit filed in support of bail application, a 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 Counsel for the opposite party no.2 and 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 Board Act. There was no material before the Courts below that there was every likelihood to bring him into association with any unknown criminals 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 liable to be set aside.
In view of the discussion made above, this revision is allowed. The impugned orders dated 01.07.2019 and 20.05.2019 passed by Ist Addl.Sessions Judge, Mirzapur and Juvenile Justice Board, Mirzapur respectively are quashed.
Let the revisionist-applicant( Yuvraj Singh) involved in Case Crime No. 171 of 2019 under Sections 302, 120-B, IPC, Police Station, Lanka district Varanasi 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 unknown criminals.
Order Date :- 30.9.2019 Shahid