Allowed

Sanjay Nishad v. State of U.P. and Another

Allahabad HC23 Apr 2019CRLR/937/2019

Case brief

AI extract

What is this about?

This criminal revision sought bail for a juvenile accused in a rape case. The High Court held that since no ground under Section 12 of the Juvenile Justice Act existed to reject bail, the impugned orders were set aside and bail was granted.

What did the court decide?

Impugned orders set aside; juvenile-revisionist released on bail in custody of father with personal bond and two sureties.

Sanjay Nishad 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. - 937 of 2019

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Revisionist :- Sanjay Nishad Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for revisionist and learned AGA for the State.

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Record reveals that bail of juvenile-revisionist involved in Case Crime No. 176 of 2018, under Sections 363, 366 and 376 IPC and 3/4 of POCSO Act, 2012 Police Station Barhaj, District Deoria has been rejected by Juvenile Justice Board, vide judgement and order dated 15.01.2019.

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Appeal there-against has also been dismissed vide judgement and order dated 11.02.2019 passed by Additional Sessions Judge-I, Deoria in Criminal Appeal No.1 of 2019.

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Both the orders of Courts below are impugned in the present criminal revision.

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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 14.08.2018. He further submits that he has been declared juvenile by the Juvenile Justice Board, Deoria. Admittedly, no appeal or revision has been filed against the same which has become final.

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Per contra, learned A.G.A. appearing for State opposed the

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prayer for bail but he could not dispute the factum of juvenility of the accused-revisionist.

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As per prosecution story, juvenile-revisionist is alleged to have committed rape on her but as per statement of victim recorded under Section 164 Cr.P.C., she appears to be a consenting party and she got married with accused.

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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. [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, there is no ground under Section 12 of the said Act, so as to justify the rejection of bail of juvenile 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-Sanjay Nishad , be released on bail in the custody of his father 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 :- 23.4.2019 Akram

Sanjay Nishad v. State of U.P. and Another

Case brief

What is this about?

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Sanjay Nishad v. State of U.P. and Another

Case brief

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What did the court decide?

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