X v. State of U.P.
Case brief
What is this about?
High Court allowed criminal revision, set aside lower courts' order declining bail, and granted bail to a juvenile accused of cow slaughter under specific conditions regarding sureties and conduct.
What did the court decide?
Orders dated 21.04.2022 and 29.03.2022 set aside; revisionist released on bail upon furnishing personal bond with two solvent sureties and complying with specified conditions.
What the court decided
Court No. - 91
Case :- CRIMINAL REVISION No. - 1835 of 2022
Revisionist :- X Opposite Party :- State of U.P. Counsel for Revisionist :- Vinod Kumar Tirpathi,Deepak Kumar,Manoj Kumar Tripathi,Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
- Heard Sri Vinod Kumar Tirpathi, Advocate assisted by Sri Deepak Kumar, learned counsel for the revisionist and learned A.G.A. for the State.
- Perused the record.
- No counter affidavit has been filed despite giving sufficient opportunity.
- This criminal revision has been filed challenging the order dated 29.03.2022 passed by the Juvenile Justice Board, Bijnor and the order dated 21.04.2022 passed by the Additional Sessions Judge, Bijnor in Criminal Appeal No.39 of 2022 by the which the order of the Juvenile Justice Board was affirmed and bail to the juvenile was declined in a matter arising out of Case Crime No.366 of 2021, under sections- 3/5/8 of Cow Slaughter Act, Police Station- Kiratpur, District- Bijnor.
- As per prosecution case, on the basis of confidential information received by the concerned police station, a motorcycle was intercepted and two persons namely Wahid and Naseem found carrying beef were arrested on the spot; they identified and named persons, who had escaped from the spot as Aslam @ Sukhe and the present juvenile; certain implements of cow slaughtering was also found from their possession and after investigation, charge-sheet was submitted against all of them including the present revisionist-juvenile under section3/5/8 of Cow Slaughter Act.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to a juvenile accused under the Cow Slaughter Act despite earlier orders declining bail.
If the lower courts ignored relevant facts and relied on presumptions in declining bail under the Juvenile Justice Act, 2015.
Parties & counsel
- appellant
X
- respondent
State of U.P.
Coram
Jyotsna Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- CRLR/1835/2022
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