Allahabad High Court
Amit Kumar Chauhan (Minor ) vs State Of U.P. And Another on 24 March, 2021
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL REVISION No. - 1977 of 2020 Revisionist :- Amit Kumar Chauhan (Minor ) Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Counter affidavit filed by learned AGA today in Court is taken on record. Rejoinder affidavit has already been filed in the registry.
Heard learned counsel for the revisionist-applicant, learned AGA for the State and perused the record.
This criminal revision has been preferred by the revisionist-applicant with a prayer to quash the impugned order dated 29.10.2020 passed by Additional Sessions Judge/Special Judge, POCSO Act, Court No. 1, Gorakhpur in Criminal Appeal No. 168 of 2019 (Amit Kumar Chauhan Vs. State of U.P.), by which appeal of the revisionist-applicant was dismissed affirming the order dated 14.11.2019 passed by Principal Magistrate, Juvenile Justice Board, Gorakhpur in Case Crime No. 283 of 2019, under Sections 363, 366, 498, 376 IPC and 3/4 of POCSO Act, P.S. Jhangaha, District- Gorakhpur.
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 past enmity in respect of raising of illegal construction by the victim father's.
Learned counsel for the revisionist-applicant has next submitted that applicant has already been declared juvenile vide order dated 15.10.2019.
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 applicant is socially and economically a simple person and he does not have any criminal back ground and he requires effective control by the parents in order to rehabilitate him.
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 7.9.2019 and has already undergone more than 18 months of imprisonment and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Per contra, learned AGA 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 14.11.2019 and 29.10.2020 are set-aside and the bail application of the revisionist-applicant is allowed.
Let the revisionist-applicant- Amit Kumar Chauhan 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 :- 24.3.2021 KU