High Court
Case Details
Court No. - 80 Case :- CRIMINAL REVISION No. - 1206 of 2022 Revisionist :- Vivek Kumar Mishra @ Golu Opposite Party :- State Of U.P Through Principal Secretary (Home) And Another Counsel for Revisionist :- Shahenshah Akhtar Khan,Krishna Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Tripathi,J. The instant criminal revision under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 (herein-in- after referred to as 'Act') has been preferred against the judgment and order dated 09.12.2021 passed by Special Judge (POCSO Act)/Additional Sessions Judge, Mirzapur in Criminal Appeal No. 318/2021 and order dated 05.10.2021 passed by Juvenile Justice Board, Mirzapur rejecting the bail application of the revisionist in Case Crime No. 57/2021, under Sections 304, 419, 420, 467, 468, 471, 272, 34 I.P.C. and Section 60(2) of Excise Act, P.S.- Kotwali Dehat, District- Mirzapur.
Legal Reasoning
Heard learned counsel for revisionist and learned A.G.A. for State. Learned counsel for revisionist submitted that revisionist- applicant is juvenile and was about 16 years 3 months and 16 days at the time of occurrence. Applicant-revisionist was student of class 9th and he is not indulged in preparing spurious liquor or selling. It is further submitted that in connected S.T. No. 238/2021 informant PW-1 and PW-2 have been declared hostile and accused of this case Vijay Kumar @ Vijayee Harijan and Kashi Nath Mishra have been granted bail by this Court vide orders dated 10.02.2022 & 07.04.2022 passed in Criminal Misc. Bail Application Nos. 50472/2021 & 48834/2021 respectively. Applicant is languishing in jail since 01.03.2021. Total punishment is about three years. After being declared juvenile, revisionist filed an application for bail through her mother/guardian before Juvenile Justice Board which was rejected vide order dated 05.10.2021 passed by Juvenile Justice Board, Mirzapur. Against the order dated 05.10.2021 passed by The Juvenile Justice Board rejecting the application to release the revisionist on bail, appeal was filed which was rejected by order dated 09.12.2021 passed by Special Judge (POCSO Act)/Additional Sessions Judge, Mirzapur. Against the impugned order dated 05.10.2021 passed by Juvenile Justice Board, Mirzapur and order dated 09.12.2021 passed by Special Judge (POCSO Act)/Additional Sessions Judge, Mirzapur, this revision has been filed by the revisionist on the ground that revisionist is innocent and has been falsely implicated in this case. Impugned orders are against law and not passed keeping in view the spirit of law that has been laid down with regard to juvenile in conflict with law. The reasoning of the impugned orders are superficial, not convincing and not supported by any evidence. Learned A.G.A. vehemently opposed the prayer of release of the revisionist on bail and submitted that learned Juvenile Justice Board and learned appellate court has rightly rejected the prayer to release her on bail considering the facts and circumstances of the case and provision of Section 12 of Juvenile Justice Act. I have considered the submissions made by learned counsel for the parties along with entire matter available on record. Bail of juvenile in conflict with law has to be considered on parameters in Section 12 of Juvenile Justice Act. Section 12(1) and (2) of Juvenile Justice Act 2015 regarding bail of juvenile provides:- "(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. (2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board." Contention raised on behalf of revisionist has been confined to the extent that the revisionist is innocent and has been falsely implicated in the present case. The revisionist has already been declared juvenile by the court of Juvenile Justice Board. There is no evidence on record that may indicate that the release of revisionist is likely to bring her into association with any known criminal or expose her to moral, physical or psychological danger or that her release would defeat the ends of justice. There is no basis supported with evidence for reaching on such conclusion that in the event of his release on bail there is possibility of her going into company of known criminal or her release would defeat the end of justice. Considering the rival submissions, fact of the case, legal position for release of juvenile on bail, this Court is of the view that board was not justified in rejecting the bail application and also appellate court did not consider the provision of Section 12 of the Act in right perspective, both the orders are not sustainable and liable to be set aside.
Decision
In the result, this criminal revision succeeds and the impugned orders dated 05.10.2021 & 09.12.2021 are hereby set aside and reversed. This criminal revision has force. Bail application of the revisionist stands allowed. Let the revisionist- Vivek Kumar Mishra @ Golu be released on bail in aforesaid case upon her guardian furnishing a personal bond with two sureties in the like amount to the satisfaction of Juvenile Justice Board, Mirzapur subject to the following conditions:- (1) The guardian/mother will furnish an undertaking that on release of the revisionist on bail, the juvenile will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that his mother/guardian will ensure that juvenile will not repeat the offence. (2) The revisionist through guardian shall file an undertaking to the fact that he shall remain present before the trial court on each fixed date and cooperate in trial. Order Date :- 21.11.2022 Sharad/- Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.11.22 16:35:47 IST Reason: Location: High Court of Judicature at Allahabad