Allowed

Nagendra Yadav v. State of U.P. and Another

Allahabad HC25 Apr 2019CRLR/4033/2018

Case brief

AI extract

What is this about?

The court allowed a criminal revision challenging the rejection of bail for a juvenile accused of murder. It held that the seriousness of the offense is not a ground for denying bail to a juvenile and set aside the lower courts' orders.

What did the court decide?

Impugned orders regarding bail rejection set aside; juvenile-revisionist released on bail with parents as custodian.

Nagendra Yadav Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 23

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Case :- CRIMINAL REVISION No. - 4033 of 2018

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Revisionist :- Nagendra Yadav Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Sanjay Kumar Yadav, learned counsel for the revisionist and learned AGA for the State.

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Record reveals that bail of juvenile-revisionist involved in Case Crime No.356 of 2017, under Section 302/34 I.P.C., P.S. Kotwali, District Azamgarh has been rejected by Juvenile Justice Board, Azamgarh vide judgement and orders dated 19.9.2018.

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Appeal there-against has also been dismissed vide judgement and order dated 17.10.2018 passed by Additional Sessions Judge-I, Azamgarh in Criminal Appeal No. 88 of 2018. Orders of Courts below are impugned in the present criminal revision.

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Learned counsel for the revisionist contended that the revisionist was not named in the FIR and 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. It is next contended that the only role assigned to the revisionist is to drive motor cycle. Co-accused persons, namely, Mangal Yadav, Shailendra Yadav and Kamran have already been enlarged on bail by this Court vide orders dated 31.8.2018, 21.8.2018 and 11.9.2018 in Criminal Revision No.713 of 2018, Criminal Misc. Bail Application Nos.902 of 2018 and 34337 of 2018 respectively. The juvenile-revisionist is in custody since 27.7.2017. He has been declared juvenile by

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Board and order of Board has become final.

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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 fired with Tamancha with intention to cause death to the complainant's brother.

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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 nonbailable 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 sub-section(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. [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

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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- Nagendra Yadav involved in Case Crime No.356 of 2017, under Section 302/34 I.P.C., P.S. Kotwali, District Azamgarh 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 :- 25.4.2019 Vivek Kr.

Nagendra Yadav v. State of U.P. and Another

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Nagendra Yadav v. State of U.P. and Another

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