Allowed

Shiv Om Shakya @ Shivam v. State of U.P. and Another

Allahabad HC21 Feb 2019CRLR/713/2019

Case brief

AI extract

What is this about?

In this criminal revision, the Single Judge quashed the orders rejecting bail for the revisionist, a 17-year-old accused. Relying on Section 12 of the Juvenile Justice Act, 2000, the court held that after perusing the record and considering prosecutrix statements, the revisionist made out a case for bail and ordered his release.

What did the court decide?

Impugned orders rejecting bail set aside; revisionist released on personal bond and two reliable sureties.

Shiv Om Shakya @ Shivam Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL REVISION No. - 713 of 2019

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Revisionist :- Shiv Om Shakya @ Shivam Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the revisionist and Sri Mayank Mishra, learned brief holder for the State and perused the record.

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This criminal revision has been filed against order dated 10.11.2018 passed by Principal Magistrate, Juvenile Board, Budaun and order dated 17.1.2019 passed by learned Sessions Judge, Budaun in Criminal Appeal No. 55 of 2018 as well as Case Crime No. 531 of 2018, under sections 363, 366 IPC and 3(2) S.C./S.T. Act, Police Station Bilsi, District Budaun, whereby bail application of the revisionist was rejected.

¶7

Learned counsel for the revisionist submitted that the impugned orders are against law, facts and without applying judicial mind. At the time of incident, age of proseucutrix was about 15 years and revisionist was aged about 17 years. He is languishing in jail since 2.9.2018 (more than five and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer.

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Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 which is quoted below:

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"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 Prosedure, 1973 or ain any other law for the time being in force, be released on bail with or without surety or place 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 appear 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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Offences levelled against the revisionist are related to under Section 363, 366 IPC and 3(2) S.C./S.T. Act.

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According to statement of prosecutrix recorded under Section 164 Cr.P.C. She stated nothing against the revisionist and she stated that she went with her friend Khusabu to Delhi herself.

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According to statement of prosecutrix recorded under Section 161 Cr.P.C., she stated nothing against the revisionist.

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For the foregoing discussions, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the court is of the view that the revisionist has made out a case for bail. The revision is allowed. Impugned order dated 17.1.2019 rejecting the bail of the revisionist is hereby set aside.

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Let the revisionist, Shiv Om Shakya @ Shivam , involved in Case Crime no. 531 of 2018 under Section 363, 366 IPC and 3(2) S.C./S.T. Act, Police Station Bilsi, District Budaun, be released on bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerne.

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Order Date :- 21.2.2019 A. Singh

Shiv Om Shakya @ Shivam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shiv Om Shakya @ Shivam 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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