Allowed

X v. State of Uttarakhand

Uttarakhand HC1 Apr 2023CRLR/78/2023

Case brief

AI extract

What is this about?

In Criminal Revision No. 78 of 2023, the High Court of Uttarakhand allowed the revision of a juvenile detainee challenging bail rejection orders. The Court granted bail to the Child in Conflict with Law, setting aside impugned orders and directing custody to the father with sureties and undertakings.

What did the court decide?

Impugned orders set aside; CIL enlarged on bail subject to two sureties and undertaking from father regarding witness protection.

X Vs State of Uttarakhand — Bail and Remand | Uttarakhand HC (2023)

¶1

HIGH COURT OF UTTARAKHAND AT NAINITAL

¶2

Criminal Revision No.78 of 2023 With

¶3

Bail Application No.2 of 2023

¶4

X ...Revisionist

¶5

Versus

¶6

State of Uttarakhand ...Respondent

¶7

Present:-

¶8

Mr. Mani Kumar, Advocate for the revisionist. Mr. B.P.S. Mer, Brief Holder for the State. Mr. Pranav Saxena, Advocate for the respondent no.2.

¶9

Hon’ble Ravindra Maithani, J. (Oral)

¶10

The challenge in this revision is made to the

¶11

following:-

¶12

(i) Order dated 16.12.2022, passed in Bail Application No. 119 of 2022, State Vs. “X” by the Juvenile Justice Board (“J.J.Board”), Udham Singh Nagar. By it, the bail application of the revisionist filed by his father has been rejected and;

¶13

(ii) Judgment and order dated 10.01.2023, passed in Criminal Bail Appeal No. 289 of 2022, CIL Vs. State of Uttarakhand, by the court of FTC/Additional Sessions Judge, Special Judge, POCSO, Udham Singh Nagar (“the bail appeal”). By it, the bail appeal filed

¶14

¶15

by the legal guardian/father of the revisionist has been dismissed.

¶16

The revisionist is a Child-In-Conflict with Law (“the CIL”). He seeks bail also.

¶17

In fact, the CIL was wanted in FIR No.716 of 2022, under Sections 307, 504 and 504 IPC, Police Station Rudrapur, District Udham Singh Nagar. According to the FIR, on 14.11.2022, country made pistol was recovered from him. The case of CIL has already been considered by this Court while hearing his bail in FIR No. 716 of 2022, in CRLR No. 77 of 2023, X Vs. State and another and the Court has granted the CIL bail considering all the relevant provisions of the Act.

¶18

Having considered, the entirety of facts, this Court is of the view the CIL is entitled to be enlarged on bail.

¶19

The revision is allowed. The impugned orders are

¶20

set aside.

¶21

The CIL be given into the custody of his father, subject to production of two reliable sureties. The father of the CIL shall also give an undertaking that he shall take care of the CIL and shall not allow him to contact any of the witnesses or their family members. The father of the CIL

¶22

¶23

shall also undertake that he shall also not contact either the witnesses or any of their family members.

¶24

(Ravindra Maithani, J.) 01.04.2023

¶25

Jitendra

X v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

X v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shahin Vs State of Uttarakhand

Sachin Alias Vicky Vs State of Uttarakhand

Sabir Ali Vs State of Uttarakhand

X Vs State of Uttarakhand through Secretary Home, Govt. of U.K. Dehradun

Royer Nicole Vs State of Uttarakhand

Rajesh Silswal Vs State of Uttarakhand through Secretary Home, Government of U.K. Secretariat Complex, Subhash Road