Allowed

Jalalu Alias Jalaluddin v. State of U.P. and Another

Allahabad HC16 Mar 2018CRLR/3936/2017

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision against the bail rejections by the Juvenile Justice Board and Sessions Judge. It held that the impugned orders were unsustainable as they failed to properly consider the mandatory presumption in Section 12 of the Juvenile Justice Act to release juveniles unless exceptions apply.

What did the court decide?

Revise the impugned orders set aside; Juvenile accused released on bail with personal bond through legal guardian and two sureties.

Jalalu Alias Jalaluddin Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL REVISION No. - 3936 of 2017

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Revisionist :- Jalalu Alias Jalaluddin Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Shailendra Sharma,Rishi Kant Rai Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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This revision is directed against the judgment and order dated 15.11.2017 passed by Additional Sessions Judge, Court No.1, District Mau, in Criminal Appeal No.52 of 2017 (Jalalu alias Lalaluddin vs. State of U.P. and another) and the order dated 23.8.2017 passed by Juvenile Justice Board, Mau, in an Application No.71 of 2017 (State Vs. Jalalu alias Lalaluddin) arising out of Case Crime No.403 of 2017, under Sections 147, 377, 511, 323, 504, 506 I.P.C. & 7/8 POCSO Act, Police Station Kotwali District Mau, rejecting the bail application of the revisionist (juvenile).

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Despite service of notice on opposite party no.2, no one has appeared on his behalf.

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Heard learned counsel for the revisionist, as well as learned AGA for the State and perused the impugned orders along with entire material on record.

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It is contended by learned counsel for the revisionist that the Courts below have illegally rejected the bail application of the revisionist who is admittedly a juvenile in conflict with law. It is submitted that the revisionist is in custody since 3.7.2017.

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Learned counsel for the revisionist has contended that the revisionist is innocent and has been falsely implicated. It is further contended that the revisionist has been declared juvenile but his bail application has been rejected by the learned Board as well as by learned Sessions Judge in Criminal Appeal without any convincing basis for giving finding that if the revisionist is released he is likely to come into association with several known and unknown criminals and expose them to moral, physical or psychological danger or his release would defeat the ends of justice.

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Learned AGA as well as learned counsel for the opposite party no.2 opposed the prayer for bail.

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I have considered the submissions made by the parties' counsel and perused the impugned orders passed by the learned courts below along with entire material on record as well as the provisions of the Act.

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The provisions of bail to a juvenile is given in Section 12 of the Act.

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The said provision provides that a juvenile accused has to be released on bail unless there are reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological

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danger or that his release would defeat the ends of justice. There is no any basis or material which may bring the case of the revisionist within the exceptions provided in Section 12 of the Act.

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There is no such substantial material or evidence on record to show that by release on bail, the revisionist would come in association with any known criminal or his release would expose him to moral, physical or psychological danger. There is also nothing very substantial on record to show that the release of the revisionist on bail would defeat the ends of justice.

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In these circumstances, the Board was not quite justified in rejecting the bail application of the revisionist. Learned Sessions Judge also does not appear to have considered the provisions of Section 12 of the Act in its proper perspective. Thus, both the impugned orders are not sustainable and are liable to be set-aside.

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Accordingly, the revision stands allowed. The order dated 15.11.2017 passed by Additional Sessions Judge, Court No.1, District Mau, in Criminal Appeal No.52 of 2017 (Jalalu alias Lalaluddin vs. State of U.P. and another) and the order dated 23.8.2017 passed by Juvenile Justice Board, Mau, in an Application No.71 of 2017 (State Vs. Jalalu alias Lalaluddin) arising out of Case Crime No.403 of 2017, under Sections 147, 377, 511, 323, 504, 506 I.P.C. & 7/8 POCSO Act, Police Station Kotwali District Mau, are set-aside.

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The revisionist, Jalalu alias Jalaluddin son of Noorul Hasan under the legal guardianship of his father Noorul Hasan, resident of village Devparwa, Mohsinpura, Makhanwa, Munshipura, P.S. Kotwali District Mau, involved in aforesaid case, be released on bail on his furnishing a personal bond through his legal guardian and two sureties each in the like amount to the satisfaction of the Board concerned.

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Order Date :- 16.3.2018 Hasnain

Jalalu Alias Jalaluddin v. State of U.P. and Another

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Jalalu Alias Jalaluddin v. State of U.P. and Another

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