This brief order allowed a criminal revision filed by Ravi against an order dismissing his appeal. The High Court directed his release on bail by furnishing a personal bond and local sureties, noting his status as a minor and prolonged detention.
Revisionist Ravi be released on bail on furnishing a personal bond and two local sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 49
Case :- CRIMINAL REVISION No. - 338 of 2018
Revisionist :- Ravi Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Surendra Nath Tripathi Counsel for Opposite Party :- G.A.,Shujauddin
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present criminal revision has been filed against the order dated 24.11.2017 passed by the Additional Session Judge, Rampur, in Criminal Appeal No. 54 of 2017 (Ravi Vs. State of U.P.), by which the appeal filed by the appeal filed by the revisionist was dismissed and the order dated 4.9.2017 passed by the Juvenile Justice Board, Rampur, in Case Crime No. 178 of 2016, under Section 363, 366, 368, 376 I.P.C. and 4/16/17 Protection of Children from Sexual Offences Act, P.S. Ganj, District Rampur.
Learned counsel for the applicant submits that applicant is a minor on the date of the incident and that he has been languishing in jail since two and a half years. It is further submitted that prosecutrix in her statement under Section 164 Cr.P.C. had clearly stated that she was in love with the applicant and she had therefore gone with him upon being scolded and beaten by her parents. She further denied any use of force by the applicant on her.
Considering the facts and circumstances of the case, let the revisionist Ravi be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the Court concerned below in the aforesaid case.
In view of the above, the present criminal revision is allowed.
Order Date :- 3.7.2018 Prakhar
2 issues framed by the court
Whether the criminal revision against the dismissal of appeal by the Additional Session Judge should be allowed to grant bail.
Whether the bail application can be condoned if the accused is a minor and in custody since two and a half years.
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
