Allowed

Shubham Pandey (Minor) v. State of Up and Aother

Allahabad HC6 Sept 2021CRLR/1791/2021

Case brief

AI extract

What is this about?

In this criminal revision, the High Court allowed the bail application of a juvenile, Shubham Pandey. The Court set aside the impugned orders that rejected bail, holding that seriousness of the offence alone is not a ground to deny bail to a juvenile barring specific risks or defeaten of justice under Section 12.

What did the court decide?

Set aside impugned orders; revise allowed; revisionist enlarged on bail by person bond by father/guardian and two sureties.

Shubham Pandey (Minor) Vs State of Up and Aother — Bail and Remand | Allahabad HC (2021)

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Court No. - 85

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Case :- CRIMINAL REVISION No. - 1791 of 2021

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Revisionist :- Shubham Pandey (Minor) Opposite Party :- State Of Up And Aother Counsel for Revisionist :- Manoj Kumar Counsel for Opposite Party :- G.A.,Sanjay Kumar Pandey,Surendra Bahadur Singh

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the revisionist, learned A.G.A. for the State, Sanjay Kumar Pandey, learned counsel for O.P. No. 2 and perused the record.

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This revision has been preferred by the father of the revisionist for release of the revisionist who is minor, against the judgment and order dated 04.10.2021 passed by Sessions Judge Gorakhpur in Juvenile Criminal Appeal No. 14 of 2021 by which the judgment and order dated 19.01.2021 passed by Principal Magistrate Juvenile Justice Board Gorakhpur (State Vs. Subham Pandey) rejecting the bail of revisionist.

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Admittedly, the revisionist is a juvenile and special provisions are there for the bail of a juvenile.

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Learned counsel for the revisionist contended that the revisionist has been falsely implicated in the present case.

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Learned A.G.A. did not raise any dispute with regard to the aforesaid facts.

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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

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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 expressed the similar view and has granted bail to the juvenile offender in heinous offence. Seriousness of offence is no ground to reject the bail to a juvenile.

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Keeping in view the aforementioned legal position and the fact that in this case no such conditions exists, on the basis of which the bail application of a juvenile can be dismissed, therefore, the revision deserves to be allowed and is accordingly allowed. Order dated 04.10.2021 passed by Sessions Judge Gorakhpur in Juvenile Criminal Appeal No. 14 of 2021 by which the judgment and order dated 19.01.2021 passed by Principal Magistrate Juvenile Justice Board Gorakhpur (State Vs. Subham Pandey) are hereby set aside.

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In these circumstances, revisionist is entitled for bail.

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Let revisionist- Shubham Pandey be enlarged on bail in the aforesaid case on furnishing a personal bond by the father/legal guardian of Jai Mandir Pandey and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board to the effect that he will not come into contact with other offenders.

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Order Date :- 6.9.2021

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RPD

Shubham Pandey (Minor) v. State of Up and Aother

Case brief

What is this about?

What did the court decide?

Shubham Pandey (Minor) v. State of Up and Aother

Case brief

What is this about?

What did the court decide?

What the court decided

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