Allowed

Akash Mishra v. State of U.P. and Anr.

Allahabad HC4 Dec 2019CRLR/3647/2019

Case brief

AI extract

What is this about?

This court allowed a revision by a juvenile revisionist. It held that rejecting bail is barred under the Juvenile Justice Act unless there are specific grounds for danger or evasion. Seriousness of offence was not a valid ground. Bail was granted.

What did the court decide?

Revisionist Akash Mishra released on bail with personal bond and two sureties before the Juvenile Justice Board.

Akash Mishra Vs State of U.P. and Anr. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3647 of 2019

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Revisionist :- Akash Mishra Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Ajatshatru Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Ajatshatru, learned counsel for the revisionist and learned A.G.A. for the State.

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Record reveals that bail of juvenile-revisionist involved in Case Crime No. 472 of 2019, under Section 147, 323, 504, 506, 302 I.P.C., P.S. Kotwali Deoria, District Deoria has been rejected by the Principal Magistrate/Juvenile Justice Board, Deoria vide order dated 03.08.2019.

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Appeal there-against has also been dismissed vide judgement and order dated 11.09.2019 passed by Additional Sessions Judge, Court No.1, Deoria in Criminal Appeal No.51 of 2019.

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Feeling aggrieved and dissatisfied with the impugned order, present revision has been filed seeking bail.

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Learned counsel for the revisionist contended that the revisionist has been falsely implicated in the present case. No offence against the revisionist is made out and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The juvenile-revisionist is in custody since 15.6.2019. He has been declared juvenile by Board and order of Board has become final. He has further contended that co-accused Siddharth Mishra has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 13.11.2019 passed in Criminal Revision No.3632 of 2019, hence the revisionist is also entitled to enlarge on bail on the ground of parity.

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Per contra, learned A.G.A. appearing for State opposed the prayer for bail and supported the judgements of Courts below.

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As per prosecution story, juvenile-revisionist is alleged to have active participation in the commission of offence with coaccused.

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Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides the provisions as to when bail to a juvenile can be refused.

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"12 Bail of Juvenile.--(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person but he shall not be so released if there appears 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.

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(2) When such person having been arrested is not released on bail under sub-section (1) by the officer in-charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.

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(3) When such person is not released on bail under subsection(1) by the Board, it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of inquiry regarding him as may be specified in the order."

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In view of the aforesaid provision, the bail application of the juvenile can be rejected only on the existence of the aforementioned grounds enumerated in Section 12 of the Juvenile Justice Act.

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Apart from it, in the case of Amit Kumar Vs. State of U.P.

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[2010 (71) ACC 209 (Alld)] and Naurang (minor) Vs. State of U.P. [2010 (71) ACC 255 (Alld) , this Court has observed that seriousness of offence is no ground to reject the bail to a juvenile.

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Considering the entire facts and circumstances of the case and rival contention of learned counsel for the parties as well as perusal of records available on file, report of Probation Officer, there is no ground so as to justify the rejection of bail of juvenile under Section 12 of the said Act, therefore, the revision deserves to be allowed and is accordingly allowed and the impugned orders are hereby set aside.

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Let juvenile- revisionist- Akash Mishra involved in Case Crime No.472 of 2019, under Section 147, 323, 504, 506, 302 IPC, Police Station Kotwali Deoria, District Deoria be released on bail in the custody of any of the parents on his furnishing a personal bond and two sureties before the Juvenile Justice Board concerned to its satisfaction and to file an undertaking that he will look after the juvenile-revisionist carefully and will not let him involve in any criminal case or associate with known or known criminals and shall produce him when and wherever, as directed, before Juvenile Justice Board or any other Court.

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Order Date :- 4.12.2019

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SFH

Akash Mishra v. State of U.P. and Anr.

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Akash Mishra v. State of U.P. and Anr.

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