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2011 DIGILAW 1992 (ALL)

VIKAS SINGH @ RINKAL v. STATE OF U. P.

2011-08-25

S.C.AGARWAL

body2011
JUDGMENT Hon’ble S.C. Agarwal, J.—This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the ‘Act’) is directed against the order dated 14.3.2011 passed by Addl. Sessions Judge/ Special Judge (E.C. Act), Jaunpur in criminal juvenile appeal No. 22 of 2011 and order dated 3.3.2011 passed by Juvenile Justice Board, Jaunpur (hereinafter referred to as the ‘Board’) in case crime No. 1179 of 2010 under Sections 323, 302 and 504 IPC, PS Sarpatha, District Jaunpur whereby the application for bail of revisionist Vikas Singh @ Rinkal was rejected. 2. The revisionist is an accused in the aforesaid criminal case. He was declared juvenile in conflict with law. The application for bail was rejected by the Board on the ground of gravity of the offence, bad company and moral degradation of the revisionist. 3. The revisionist filed an appeal before learned Sessions Judge, which was rejected. Hence, this revision. Heard Sri N.D. Shukla, learned counsel for the revisionist, learned A.G.A. for the State and perused the impugned orders. Learned counsel for opposite party No. 2 did not appear despite written notice given by learned counsel for the revisionist. 4. Learned counsel for the revisionist submitted that the Board rejected the bail on the basis of surmises and conjectures. There was nothing on record to bring the case of the revisionist within the purview of any of the exceptions provided in Section 12 of the Act. Section 12 (1) of the Act provides as follows: 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 appear 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 defeat the ends of justice. 5. 5. The aforesaid provision provides that a juvenile accused has to be released on bail unless there are 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 defeat the ends of justice. No such report was filed by the Probation Officer or the police so as to bring the case of the revisionist within the exceptions provided in Section 12 of the Act. There is nothing on record to show that the revisionist would come in association with any known criminal or his release would expose him to moral, physical or psychological danger. There is also nothing on record to show that the release of the revisionist on bail would defeat the ends of justice. The gravity of the offence is not a relevant consideration for grant of bail to a juvenile, as held by this Court in Shiv Kumar alias Sadhu v. State of U.P., 2010 (1) JIC 771 (LB). In these circumstances, the Board was not justified in rejecting the bail application of the revisionist. Learned Sessions Judge has also not considered the provisions of Section 12 of the Act in proper perspective but relied on irrelevant grounds. Thus, both the impugned orders are not sustainable and are liable to be set-aside. Revision is allowed. Impugned order dated 3.3.2011 passed by the Board and order dated 14.3.2011 passed by the Addl. Sessions Judge are set-aside. The revisionist Vikas Singh @ Rinkal son of Ashok Kumar Singh, resident of Kasiyapur, PS Sarpatha, District Jaunpur involved in case crime No. 1179 of 2010 under Sections 323, 302, 504 IPC, PS Sarpatha, District Jaunpur be released on bail on his furnishing a personal bond through his legal guardian - father and two sureties each in the like amount to the satisfaction of the Board concerned. —————