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Sameer @ Monu(Minor) vs State Of U.P. And Another on 26 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- CRIMINAL REVISION No. – 4330 of 2019

Revisionist :- Sameer @ Monu(Minor)

Opposite Party :- State of U.P. and Another

Counsel for Revisionist :- Dharmendra Kumar Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Om Prakash-VII,J.

List has been revised. None is present on behalf of the opposite party no.2 nor there is any counter affidavit on record.

Second supplementary affidavit filed today on behalf of revisionist is taken on record.

On the request of learned counsel for the parties, revision is being decided at this stage itself.

This criminal revision under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the ‘Act’) is directed against the order dated 1.10.2019 passed by Additional Sessions Judge / Special Judge (POCSO Act), Court No.9, Bareilly in criminal appeal no.194 of 2019 as well as order dated 7.8.2019 passed by the Juvenile Justice Board, Bareilly (hereinafter referred to as the ‘Board’) in case crime no.239 of 2019 under section 377 IPC and section 3/4 POCSO Act, Police Station Nawabganj, District Bareilly whereby the application for bail of revisionist Sameer @ Monu was rejected.

Heard Sri Dharmendra Kumar Tripathi, learned counsel for the revisionist, learned A.G.A. for the State and perused the impugned orders.

Learned counsel for the revisionist submitted that the first information report was lodged in this matter against unknown persons. Revisionist was declared juvenile in conflict with law. His application for bail was rejected by the Board on the ground that his release on bail would defeat the ends of justice. Thereafter, the revisionist filed an appeal before learned Sessions Judge, which was also dismissed on insufficient ground. Revisionist is in jail since 11.6.2019. There is no concrete evidence against the revisionist to connect him with the present matter. Learned counsel further submitted that the revisionist was also not named in the F.I.R. His name came to surface during investigation. Referring to the entire documents annexed with the revision, it is further submitted that orders passed by the courts below are illegal. No prima facie case is made out. Even medical evidence is also not sufficient to connect the revisionist with the present offence. He has been falsely implicated in this matter by the police. There is also nothing on record to show that the release of the revisionist on bail would defeat the ends of justice. Thus, prayer has been made to allow the revision and release the revisionist on bail setting aside the impugned orders passed by the courts below.

Learned A.G.A. submitted that allegations levelled in the F.I.R. are supported by medical evidence. Name of the revisionist surfaced during investigation. There is no illegality, infirmity or perversity in the impugned orders passed by the courts below.

I have considered the rival contentions raised by learned counsel for the parties.

Having regard to the facts and circumstances of the case, hearing the parties and going through the entire record including the impugned orders and keeping in view the nature of the offence levelled against the revisionist, Court is of the view that the Board was not justified in rejecting the bail application of the revisionist. Learned Additional Sessions Judge has also not considered the provisions of the Act in proper perspective. Thus, both the impugned orders are not sustainable and are liable to be set-aside.

Revision is allowed. Impugned order dated 7.8.2019 passed by the Board and order dated 1.10.2019 passed by the Additional Sessions Judge / Special Judge (POCSO Act), Court No.9, Bareilly are set-aside.

The revisionist Sameer @ Monu son of Sageer Ansari involved in case crime no.239 of 2019 under section 377 IPC and section 3/4 POCSO Act, Police Station Nawabganj, District Bareilly be released on bail on his furnishing a personal bond through his legal guardian – Sageer Ansari (father) and two sureties each in the like amount to the satisfaction of the Board concerned.

Order Date :- 26.2.2020

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