The court dismissed a bail application for a juvenile accused charged with rape under Section 376 IPC, holding that the nature of the allegation and the victim's statement justified rejection as release would defeat the ends of justice.
Bail prayer for the appellant was rejected.
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Court No. - 87
Case :- CRIMINAL REVISION No. - 1688 of 2022
Revisionist :- X (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Hemant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the revisionist and learned A.G.A. and also perused the record.
The present criminal revision has been filed against the Judgment and order dated 19.04.2022 passed by learned Addl. Sessions Judge/Special Judge, POCSO Act, Bulandshahr in Criminal Appeal No. 42 of 2022, whereby the appeal filed by the revisionist has been dismissed and for quashing the order dated 8.3.2022 passed by Juvenile Justice Board, Bulandshahr whereby the bail application of the revisionist (Juvenile) has been rejected in Case Crime No. 452 of 2020, under Section 376 IPC, P.S. Kotwali Dehat, District Bulandshahr.
Learned counsel for the revisionist submits that the revisionist is an accused under Section 376 IPC. The prayer for bail was rejected by the learned Juvenile Justice Board, thereafter the appeal has also been dismissed by the impugned order on the ground that the release of the revisionist on bail would certainly defeat the ends of justice. It is further submitted that there is no material on record to show that the revisionist will go into association of criminal if he is released or his release would defeat the ends of justice. The revisionist has been in custody since 12.06.2022.
Learned AGA opposed the prayer for bail and contended that the revisionist is said to have committed rape upon a minor victim. The victim in her statement under Section 164 Cr.P.C. has supported the prosecution case. The order passed by the Juvenile Justice Board and the appellate Court are perfectly legal and this revision may be dismissed.
Considering the nature of allegation as well as the statement of the victim under Section 164 Cr.P.C., I am not inclined to grant bail to accused revisionist. Accordingly, the bail prayer for the accused revisionist stands rejected.
Criminal Revision stands dismissed.
Order Date :- 4.5.2022 RavindraKSingh
Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.05.05 16:23:21 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to a juvenile accused despite the ends of justice being defeated by his release.
X (Minor)
Shekhar Kumar Yadav
Ravindra Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
