Allahabad High Court
Shahjade (Juvenile) vs State Of U.P. And Another on 19 March, 2021
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL REVISION No. - 1177 of 2020 Revisionist :- Shahjade (Juvenile) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anurag Mishra,Syed Mohammad Abbas Abdy,V.K. Baranwal Counsel for Opposite Party :- G.A.,Mohd. Afzal Ansari Hon'ble Rajiv Gupta,J.
Heard learned counsel for the revisionist-applicant, learned AGA for the State, Sri Mohd. Afzal Ansari, counsel for the opposite party no. 2 and perused the record.
This criminal revision has been preferred by the revisionist-applicant with a prayer to quash the impugned order dated 18.2.2020 passed by 7th Additional Sessions Judge/Special Judge, POCSO Act, Jaunpur in Criminal Appeal No. 04 of 2020 (Shahjade Vs. State of U.P.), by which appeal of the revisionist-applicant was dismissed affirming the order dated 30.1.2020 passed by Juvenile Justice Board, Jaunpur in Case Crime No. 646 of 2019, under Sections 376-D, 506 IPC and 3/4 of POCSO Act, P.S. Kotwali, District- Jaunpur.
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 22.1.2020.
Learned counsel for the revisionist-applicant has drawn the attention of the Court to the Social Investigation Report submitted by District Probation Officer, in which it has been stated that the financial condition of the applicant is simple and he studied in class-3 and neither the applicant nor his father has any criminal history to their credits and for the social development of the applicant, it has been advised that he be kept with his family.
Learned counsel for the revisionist-applicant has next submitted that in the statement of the victim recorded u/s 164 Cr.P.C. it has categorically been stated that the applicant had not committed rape on her but only tried to outrage her modesty.
Learned counsel for the revisionist-applicant has submitted that the Juvenile Justice Board has rejected the bail application of the revisionist-applicant and has held that in case, revisionist-applicant is released on bail, he may fall in the company of known and unknown criminals however, no reason has been assigned by the Juvenile Justice Board to arrive at such a conclusion.
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 jail since 4.12.2019. Learned counsel for the revisionist-applicant has next submitted that the chances of trial being concluded in near future is very bleak due to heavy dockets, as such, he be released on bail.
Per contra, learned AGA as well as counsel for opposite party no. 2 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 18.2.2020 and 30.1.2020 are set-aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant- Shahjade be released on bail in this case on furnishing an undertaking by guardian- mother that she will take proper care over the revisionist-applicant and she will not allow him to go in the company of known criminals or expose him to moral, physical or psychological danger and she 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 :- 19.3.2021 KU