Allowed

Sanjeev Kumar Singh @ Sanjeev Babuan (Minor) v. State of U.P. and Another

Allahabad HC13 Mar 2019CRLR/3948/2018

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision under Section 53 of the Juvenile Justice Act challenging a lower court order. Finding no material to deny bail under Section 12, the court directed the release of the minor revisionist on personal bond with sureties.

What did the court decide?

Release of the revisionist Sanjeev Kumar Singh (Minor) on bail in the aforesaid case on furnishing a personal bond with two solvent sureties.

Sanjeev Kumar Singh @ Sanjeev Babuan (Minor) Vs State of… — Bail and Remand | Allahabad HC (2019)

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Court No. - 67

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Case :- CRIMINAL REVISION No. - 3948 of 2018

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Revisionist :- Sanjeev Kumar Singh @ Sanjeev Babuan (Minor) Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Deepak Kumar Singh,Ali Hasan Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the revisionist, learned AGA and perused the record.

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The present revision is under Section 53 of the Juvenile Justice (Care & Protection) Act assailing the order dated 29.09.2018 passed by Sessions Judge, Chandauli confirming the order of Juvenile Justice Board dated 10.07.2018.

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It is contended by the counsel for the applicant that the applicant though named in the FIR so lodged by SHO Ram Murti Yadav. The gist and sole of the allegation is that the present FIR has lodged in which four persons named in the FIR whereas three persons were bailed out from the lower court itself. The applicant is languishing in jail since 05.08.2017. The report of DPO shows that nothing adverse was found against the revisionisst.

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Submission made by the learned counsel for the revisionist that some of the persons were enlarged on bail by court concerned and the case of the revisionist stands on a better footing. It is further contended by the counsel that he has been falsely implicated by the police on account of ulterior motive and on their confessional statement, rest of the sections were fasten against the applicant and there is recovery of motorcycle on joint possession of all the four persons.

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Learned AGA 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.

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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:-

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(a). If there appears reasonable grounds for believing that the release is likely to bring that persons into association with any known criminal.

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(b). Expose the said persons to moral, physical or psychological danger.

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(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.

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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

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falls in any of the above mentioned condition.

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Let the revisionist Sanjeev Kumar Singh & Sanjeev Babuan (Minor), through natural guardian father, Arvind Kumar Singh@ Daya Shankar Singh 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.

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Accordingly, the present revision is allowed.

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Order Date :- 13.3.2019 Abhishek Sri.

Sanjeev Kumar Singh @ Sanjeev Babuan (Minor) v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar Singh @ Sanjeev Babuan (Minor) v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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