HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 17
Case :- CRIMINAL REVISION No. – 782 of 2019
Revisionist :- Ram Singh Thru. His Mother Smt. Sita
Opposite Party :- State Of U.P. Anr.
Counsel for Revisionist :- Neeraj Trivedi,Ranjeet Singh,Suresh Chandra Yadav
Counsel for Opposite Party :- G.A.
Hon’ble Manish Mathur,J.
Heard Sri Neeraj Trivedi learned counsel for revisionist and the learned A.G.A. appearing on behalf of opposite party No.1.
The present revision has been filed against impugned order dated 8.3.2019 passed by learned Juvenile Justice Board, Lucknow as well as judgment and order dated 4.4.2019 passed by learned Additional Sessions Judge VIII/Special Judge POCSO Act, Lucknow in criminal appeal No. 79/2019 relating to crime No. 719 of 2018 under Section 377 IPC, 5/6 POCSO Act 3(2)(V) SC/ST Act, P.S. Bakshi Ka Talab, District Lucknow.
Learned counsel for revisionist has submitted that even as per the order of the board, it is apparent that the revisionist’s age is 14 years, 1 month and 17 days and has been falsely implicated in the aforesaid case crime. It has also been submitted that revisionist has been in protection home since 25.11.2018, which is more than one year. As such it has been submitted that the revisionist is liable to be enlarged on bail in view of provisions of Juvenile Justice (Care and Protection of Children) Act, 2015.
Learned A.G.A. appearing on behalf of opposite party No.1 has not disputed the age of revisionist as indicated in the order of Juvenile Justice Board.
There is no material available on record which would be indicative that enlarging the revisionist on bail would cause endanger to the revisionist or that he would be involved or that his release is likely to bring him into association of culprits or to expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
Considering the facts and circumstances of the case it would be appropriate to enlarge the accused-revisionist on bail. The revisionist Ram Singh is directed to be enlarged on bail in case crime No. 719 of 2018 under Section 377 IPC, 5/6 POCSO Act 3(2)(V) SC/ST Act, P.S. B.K.T., District Lucknow subject to executing personal bond by his mother/ guardian along with two sureties in the like amount to the satisfaction of the court/board concerned. The mother/ guardian shall also furnish an undertaking that she will keep the revisionist-applicant under her effective control and shall make every endeavour to ensure that the revisionist should not commit any illegal or immoral act and the revisionist should not join the association with any known criminal.
In view of the order of release of the accused-revisionist on bail, the revision is allowed and the judgment dated 4.4.2019 passed by learned Additional Sessions Judge VIII/Special Judge POCSO Act, Lucknow in Criminal Appeal No.79 of 2019 and 8.3.2019 passed by learned Juvenile Justice Board, Lucknow, are hereby set aside.
Order Date :- 28.1.2020
prabhat
