Allowed

Divesh @ Devesh (Minor) v. State of Up and Another

Allahabad HC15 Jun 2021CRLR/479/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision challenging bail rejections by the Juvenile Justice Board and an appellate order. The Court held that the orders were flawed for failure to record reasons under Section 12(1) of the Juvenile Justice Act, 2000. Bail was granted.

What did the court decide?

Juvenile release on bail with personal bond and two local sureties; orders of JJB and Appellate Court set aside.

Divesh @ Devesh (Minor) Vs State of Up and… — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 77

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Case :- CRIMINAL REVISION No. - 479 of 2021

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Revisionist :- Divesh @ Devesh (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Hari Narayan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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The present revision has been filed challenging the order dated 23.12.2020 passed by the Juvenile Justice Board, Gorakhpur in Case Crime No. 304 of 2020, under Section 363, 366, 376 (3), 504, 506, 352 IPC and Section 5/6 of the POCSO Act, Police Station Basgaon, District Gorakhpur whereby the application filed for grant of bail by the revisionist has been rejected as well as the appellate order dated 15.1.2021 whereby the appeal filed against the said order has also been dismissed.

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Counsel for the revisionist argues that an FIR was lodged against the appellant and his family members vide FIR No. 0304 of 2020 regarding the abduction of the minor daughter namely Annu and her rape. The statement of the victim was recorded under Section 161 CrPC, which is on record, wherein she stated that she had gone on her own free will and married the appellant and had physical relations with him also. Subsequently, in her statement recorded under Section 164 CrPC, she deposed that the appellant

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had raped her and married with her by use of force. The appellant was arrested and was declared juvenile vide order dated 10.12.2020. He filed a bail application which was rejected by the Juvenile Justice Board vide order dated 23.12.2020 on the ground that the offence committed by the juvenile was excessively immoral. The appeal filed against the said order also met with the same fate.

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Counsel for the revisionist argues that the appellant is in custody since 18.8.2020 and is admittedly a juvenile. He further argues that none of the conditions as provided in proviso to Section 12 (1) of The Juvenile Justice (Care and Protection of Children) Act, 2000 (in short "the Act") are existent so as to deny bail to the revisionist.

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I have perused said order which is silent with requirement of recording reasons as provided and enumerated in proviso to Section 12 (1) of the Act. The appellate order also suffers from the same vice. The revisionist is in custody since 18.8.2020 and there is nothing on record to form an opinion that there existed any condition as enumerated in proviso to Section 12 (1) of the Act. Accordingly, the revision deserves to be allowed and the order dated 23.12.2020 passed by the Juvenile Justice Board, Gorakhpur as well as order dated 15.1.2021 passed by the Appellate Court are set aside.

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Let the revisionist Divesh @ Devesh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Juvenile Justice Board.

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Copy of the order downloaded from the official website of this Court shall be accepted as a true copy of this order.

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Order Date :- 15.6.2021 vinay

Divesh @ Devesh (Minor) v. State of Up and Another

Case brief

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Divesh @ Devesh (Minor) v. State of Up and Another

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