Allowed

Rabish Gour Minor v. State of U.P. and Another

Allahabad HC2 Apr 2018CRLR/2722/2016

Case brief

AI extract

What is this about?

In a criminal revision, the High Court allowed the revision and enlarged the juvenile revisionist on bail. The court held that the lower courts erred in rejecting bail based only on a Probation Officer's report concerning lack of guardian control, without assessing danger or defeat of justice.

What did the court decide?

Revision allowed; impugned judgment and orders set aside; revisionist enlarged on bail on furnishing personal bond by parents/guardians and two sureties.

Rabish Gour Minor Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2018)

¶1

Court No. - 28 Case :- CRIMINAL REVISION No. - 2722 of 2016 Revisionist :- Rabish Gour (Minor) Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.,Syed Wajid Ali

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for revisionist, learned A.G.A. and learned counsel for opposite party no. 2.

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This criminal revision has been filed against the judgment and order dated 03.08.2016 passed by Sessions Judge, Gorakhpur, in Criminal Appeal No. 135/2016 (Rabish Gour Vs. State of U.P.), whereby the appeal filed against the order dated 22.07.2016 passed by learned Principal Magistrate, Juvenile Justice Board, Gorakhpur has been dismissed. By the said order dated 22.07.2016, Juvenile Justice Board, Gorakhpur has rejected the bail application of Juvenile (Revisionist) in Case Crime No. 147/2016 under Sections 452, 376, 323 I.P.C., 3(2)(5) SC/ST Act & 3/4 POCSO Act, Police Station Sahjanwa, District Gorakhpur.

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It is contended by learned counsel for revisionist that there exists no ground as specified in Section 12 of Juvenile Justice (Care and Protection) Act, 2000 for rejection of bail application. Learned Juvenile Justice Board has rejected the bail application of applicant only on the basis of report submitted by Probation Officer in which it is mentioned that guardian of juvenile has less control on him. On the basis of report of Probation Officer, it could not be concluded that the release of juvenile is likely to 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 revisionist further contended that F.I.R. of the case has been lodged after six days of occurrence through letter to Senior Superintended of Police, Gorakhpur. It is alleged that applicant has committed rape to prosecutrix when she was sleeping in the second floor at her residence. There is no medical evidence to show that rape has been caused upon prosecutrix. As per medical report, the age of prosecutrix is about 17 years.

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Learned A.G.A. and learned counsel for opposite party no. 2 opposed the prayer for bail and contended that there is no infirmity or error in the impugned order passed by learned Juvenile Justice Board and Session Judge.

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Learned Juvenile Justice Board has rejected the bail application of applicant only on the basis of report submitted by Probation Officer in which it is mentioned that guardian of juvenile has less control on him. On the basis of report of Probation Officer, it could not be concluded that the release of juvenile is likely to 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.

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In the circumstances, I am of the opinion that applicant deserves to be released on bail.

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Accordingly, this criminal revision is allowed, impugned judgments/orders passed by the courts below are hereby set aside.

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The revisionist Rabish Gour (Juvenile) be enlarged on bail in Case Crime No. 147/2016 under Sections 452, 376, 323 I.P.C. and 3(2)(5) SC/ST Act & 3/4 POCSO Act, P.S. Sahjanwa, District Gorahpur, on furnishing a personal bond by either of his parents and in absence by his legal guardians and two sureties in the like amount to the satisfaction of the Juvenile Justice Board concerned and subject to conditions fixed by the court below.

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Order Date :- 2.4.2018 Sharad/-

Rabish Gour Minor v. State of U.P. and Another

Case brief

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Rabish Gour Minor v. State of U.P. and Another

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