Allowed

Dayanand Sagar @ Chhotu Minor v. State of U.P. and Another

Allahabad HC21 Mar 2018CRLR/4073/2017

Case brief

AI extract

What is this about?

The high court allowed the criminal revision against bail rejection orders. It held that the lower courts failed to apply Section 12 of the POCSO Act correctly, finding no evidence that bail would expose the juvenile to danger or defeat justice, thus setting aside the orders.

What did the court decide?

Impugned orders set aside; appellant released on bail via personal bond through legal guardian and two sureties.

Dayanand Sagar @ Chhotu Minor Vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL REVISION No. - 4073 of 2017

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Revisionist :- Dayanand Sagar @ Chhotu (Minor) Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Sanjai Kumar 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 order dated 22.11.2017 passed by learned Additional Sessions Judge,Court No.1, Mau in Criminal Appeal No.47 of 2017 (Dayanand Sagar @ Chhotu vs. State of U.P.), dismissing the said appeal arising out of order dated 9.8.2017 passed by Principal Judge, Juvenile Justice Board, Mau (hereinafter referred to as the 'Board') in Case Crime No.149 of 2017, under Sections 376(2)(jha, 376 gha I.P.C. and 5/6 of Prevention of Children From Sexual Offences Act, Police Station Kopaganj, District-Mau rejecting the bail application of the revisionist (juvenile).

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Heard Sri Anand Mohan Pandey, holding brief of Sri Sanjai Kumar Rai, learned counsel for the revisionist, Sri Gopal Krishna Pandey, learned counsel for the opposite party no.2 as well as learned AGA for the State and perused the impugned orders along with entire material on record.

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Submission of learned counsel for the revisionist is that the opinion recorded by the District Probation Officer in its report that in the event the revisionist (juvenile in conflict with law) is released on bail there is possibility of his going in the company of known and unknown criminals. However, neither Juvenile Justice Board nor appellate court has detailed the basis to arrive at such a conclusion. Learned counsel for the revisionist states that it is merely ipse dixit of Probation Officer unsupported by any evidence. It is further submitted that according to the facts on record the revisionist is below the age of majority and is juvenile in conflict with law. It was further submitted that ordinarily such accused is being released on bail unless his case falls under the exceptions that have been provided under the Act. Submission is that the reasoning given in both the impugned orders is very superficial and is not very convincing and is more in the nature of a facewash. Further submission is that the applicant is already in custody since 29.5.2017 and that aforesaid period of detention must have caused reformative effect upon the revisionists-juvenile and he should be given another chance to live a normal life on the supervision of his parents. Counsel has also tried to point out that the impugned orders have not been passed keeping the true spirit of the law that has been laid down with regard to juvenile in conflict with law.

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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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Besides legal points, learned counsel of the revisionist has touched the merit of the case and argued that no role of committing rape upon the prosecutrix has been assigned to the revisionist and the same has been specifically attributed to co-accused, Roshan.

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Learned AGA 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 said 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 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 revisionists. 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 9.8.2017 passed by Principal Judge, Juvenile Justice Board, Mau and order dated 22.11.2017 passed by learned Additional Sessions Judge,Court No.1, Mau are set-aside.

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The revisionist, Dayanand Sagar @ Chhotu son of Ram Pyare resident of Village Nagaripur, Police Station-Doharighat, 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 :- 21.3.2018

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MN/-

Dayanand Sagar @ Chhotu Minor v. State of U.P. and Another

Case brief

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Dayanand Sagar @ Chhotu Minor v. State of U.P. and Another

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