This court allowed a criminal revision filing by a juvenile accused, Kamran Khan, to grant bail under the Juvenile Justice Act by releasing him on bond with sureties, as the lower order failed to establish conditions warranting denial of bail.
Revisionist released on bail by furnishing personal bond with two solvent sureties of relatives.
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Court No. - 67
Case :- CRIMINAL REVISION No. - 3067 of 2018
Revisionist :- Kamran Khan Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ashwani Kumar Rai,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.,Mohd. Ibrar Khan,Manvendra Singh
Hon'ble Rahul Chaturvedi,J.
Heard Sri Rajiv Lochan Shukla, learned counsel for the revisionist, Sri Manvendra Singh, learned counsel for the complainant, learned AGA and perused the record.
By means of the present revision, the revisionist has challenged the order dated 26.07.2018 passed by learned Sessions Judge, Ghazipur whereby the revisionist's appeal was rejected.
Submission made by learned counsel for the revisionist that the revisionist has been falsely implicated in the present case. There are as many as 8 persons named in the FIR including the revisionist, who are inter se related to each other. Only general role of causing injury to Karimullaha by lathi, danda, rod, sword and knife has been attributed to all of them and eventually, the injured died during treatment. It is further contended that this is a cross case in which the defence also has sustained injuries. On the date of incident, the revisionist was declined to be juvenile. As per his high school certificate, his age was computed as 15 years and 11 months. It is further contended that rest of the accused persons were enlarged on bail by coordinate bench of this Court on different occasions.
Sri Manvendra Singh, learned counsel for the opposite party no. 2 could not dispute the fact that general role has been attributed to all the accused persons and in that incident both the sides have sustained injuries and it is difficult to decipher that who is the author of these injures.
Not only this, the learned counsel for the revisionist has failed to those three conditions mentioned in Section 12 of Juvenile Justice Act, which reads thus:-
(a). If there appears reasonable grounds for believing that the release is likely to bring that persons into association with any known criminal.
(b). Expose the said persons to moral, physical or psychological danger.
(c). The person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.
If any of these factors is available, the bail could be denied. There is no material on record or in the DPO, pointing out that case of the revisionist falls in any of the above mentioned condition.
Let the revisionist Kamran Khan, through natural guardian father, Meraz Khan be released on bail in the aforesaid case on furnishing a personal bond with two solvent sureties of his relatives each in the like amount to
the satisfaction of the Juvenile Justice Board, Ghazipur with an undertaking that in case the revisionist is released on bail and is given his custody he will not create any situation which will bring the revisionist into association with any known criminal or expose to him moral, physical and psychological danger or any situation when the revisionist may repeat the offence in question and he will work for improvement of the revisionist.
Accordingly, the present revision is allowed.
Order Date :- 6.3.2019 Nisha
Kamran Khan
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
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