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Showing contexts for: BAGHPAT in Vikki Alias Vikas (Minor) vs State Of U.P. And Another on 10 December, 2020Matching Fragments
This revision is directed against the judgment and order dated 21.11.2019 passed by First Additional Sessions Judge, Baghpat dismissing Criminal Appeal No.51 of 2019 ( Vikki Alias Vikas versus State of UP) filed under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ''the Act') and affirming the order dated 4.9.2019 passed by Juvenile Justice Board, Baghpat refusing the bail plea to the revisionist in Case Crime No.383 of 2017 under Section 376-D, 120-B, 452, 506, 504, 323, 34 IPC and Section 66A of I.T. Act and Section 62/63 of Copyright Act, P.S. Khekra, District Baghpat.
Learned counsel for the revisionist further submits that it is not in dispute that the revisionist is a juvenile as he has already been declared juvenile by Juvenile Justice Board, Baghpat. The revisionist was a juvenile aged 14 years and 10 months on the date of occurrence. He is in jail since 12.10.2017 in connection with the present crime and has already undergone and completed the period of the sentence out of the maximum three years institutional incarceration permissible for a juvenile, under Section 18(1)(g) of the Act.
In the result, this revision succeeds and is allowed. The impugned judgment and order dated 21.11.2019 passed by First Additional Sessions Judge, Baghpat in Criminal Appeal No.51 of 2019 ( Vikki Alias Vikas versus State of UP) and the order dated 4.9.2019 passed by Juvenile Justice Board, Baghpat in Case Crime No.383 of 2017 under Section 376-D, 120-B, 452, 506, 504, 323, 34 IPC and Section 66A of I.T. Act and Section 62/63 of Copyright Act, P.S. Khekra, District Baghpat, are hereby set aside and reversed. The bail application of the revisionist stands allowed.
Let the revisionist, Vikki Alias Vikas through his natural guardian/brother Prem Chand be released on bail forthwith in Case Crime No.383 of 2017 under Section 376-D, 120-B, 452, 506, 504, 323, 34 IPC and Section 66A of I.T. Act and Section 62/63 of Copyright Act, P.S. Khekra, District Baghpat upon his natural guardian furnishing a personal bond with two solvent sureties of his relatives each in the like amount to the satisfaction of the Juvenile Justice Board, Baghpat subject to the following conditions: