Allahabad High Court
Arjun @ Akash Saxena (Juvenile) vs State Of U.P. And Another on 15 July, 2021
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL REVISION No. - 261 of 2021 Revisionist :- Arjun @ Akash Saxena (Juvenile) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.,Hari Bans Singh Hon'ble Rajeev Misra,J.
Counter affidavit filed by learned AGA in Court today is taken on record.Learned counsel for revisionist contends that he does not wish to file a rejoinder affidavit.
Heard Mr. Rajesh Dwivedi, learned counsel for revisionist and learned AGA for State.
Perused the record.
This criminal revision under Section 102 of Juvenile Justice (Care & Protection of Children) Act, 2015 has been filed by revisionist against order dated 06.01.2020 passed by Eighth Additional Sessions and District Judge/Special Judge (POCSO Act), Kanpur Dehat in Criminal Appeal No.51 of 2019, (Arun @ Akash Saxena vs. State of U.P.), arising out of judgment and order dated 28.11.2019 passed by Juvenile Justice Board in Case Crime No.11 of 2019, under Sections 376 I.P.C. and Section 3/4 of POCSO Act, P.S. Bilhaur, District Kanpur Nagar whereby revisionist has been denied bail.
At the very outset, learned counsel for revisionist contends that the age of revisionist has been determined as 16 years six months and 13 days on the date of occurrence. Revisionist is in observation home since 05.01.2019. A period of more than two years and six months have passed. Learned counsel for revisionist then submits that revisionist has already completed two years and six months in observation home. Looking into the period of incarceration, revisionist is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed this revision. However, he could not dispute the submissions urged by learned counsel for revisionist as well as facts noted above.
Having heard learned counsel for revisionist, learned AGA for the State and in view of the facts noted above, present criminal revision succeeds and is hereby allowed. Impugned orders dated 06.01.2020 and 28.11.2019 are hereby quashed.
Let the revisionist-applicant, named above, be released on bail in this case on furnishing an undertaking by guardian father that he will take proper care over the revisionist-applicant and he will not allow him to go in the company of known criminals or expose him to moral, physical or psychological danger and he 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 :- 15.7.2021 Ashish Pd.