In this criminal revision, the High Court admitted the juvenile revision applicant to bail for offences under IPC Sections 364, 302, and 201. The Court noted the applicant's declaration as a juvenile and the complainant's no objection.
Revised appellant admitted to bail on furnishing a personal bond and two sureties of like amount.
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Court No. - 26
Case :- CRIMINAL REVISION No. - 3382 of 2018
Revisionist :- Mohammad Shad @ Bhalu Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- A.C.Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the revision applicant and learned AGA for the State.
Present revision has been filed for setting aside the judgment and order dated 07.07.2018 passed by District and Sessions Judge/Special Judge, POCSO Act, Meerut, in case crime no. 78 of 2018 under Section 364, 302, 201 IPC, P.S. P.S. Delhi Gate, District Meerut.
The applicant is involved in the aforesaid case and by the Juvenile Justice Board, Meerut, he has already declared to be juvenile in the report dated 6.8.2018 submitted by the District Probationary Officer. It is stated that because of premature mind due to juvenality, the offence seemed to have been committed.
The argument advanced on behalf of the counsel for the applicant is that there was no material for the court below intrinsic enough to refuse the bail to the applicant in the given facts and circumstances. Counsel for the informant/ complainant also file counter affidavit whereby in para 10, it is stated he has not objection in case revision applicant is granted bail by this Court.
Considering the aforesaid facts and circumstances of the case and without interning into the merits of the case, I hereby admit the applicant to bail. Let revision applicant Mohammad Shad @ Bhalu involved in case crime no. 78 of 2018 under SEction 364,302,201 IPC, P.S. Delhi Gate, Meerut be enlarged on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
The revision is accordingly disposed of.
Order Date :- 9.10.2018 Sanjeev
2 issues framed by the court
Whether the criminal revision against bail refusal is maintainable given the applicant's juvenile status.
Whether bail should be granted to the juvenile revision applicant.
1 provisions across 1 enactments
Mohammad Shad @ Bhalu
State Of U.P.
Aj Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
