AZEEM vs STATE OF UTTARAKHAND

The criminal revision has been filed by the revisionist for setting aside the judgment and order dated 07.04.2018 passed by the Special Judge,

POCSO/ Additional Sessions Judge, Haridwar in Criminal Appeal No. 51 of 2018, “Azeem v. State of Uttarakhand†whereby the order dated

26.03.2018 passed by the Juvenile Justice Board has been affirmed. It has also been prayed that the applicant/ revisionist be granted bail in Case

Crime No. 78 of 2018, under Section 147, 148, 149, 307, 323, 504, 506 of I.P.C., Section 7 of the Criminal Law Amendment Act and Section 3(1)(n)

and (?k) of S.C./S.T. Act, registered at P.S. Bhagwanpur, District Haridwar.  Â

Learned counsel for the revisionist submitted that revisionist was arrested in connection with Case Crime No. 78 of 2018, under Section 147, 148,

149, 307, 323, 504, 506 of I.P.C., Section 7 of the Criminal Law Amendment Act and Section 3(1)(n) and (?k) of S.C./S.T. Act. The revisionist

moved the bail application before the learned Juvenile Justice Board; but, the same was rejected. Learned counsel for the revisionist submitted that

the findings recorded by the Courts below are perverse and the impugned judgment and order is not sustainable in the eyes of law. He further

submitted that the main accused is major and is already been granted bail.  Â

Section 12 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, provides that when any person, who is apparently a child and is

alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such

person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 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 person:

 Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into

association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the

ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.

Thus, as per Section 12 (1) of the Act, the revisionist shall be subject to the condition mentioned in the Act. In the present case, admittedly, the

revisionist is a Juvenile. Learned counsel for the revisionist submitted that the family members of the revisionist have no criminal history. Parents

of the revisionist are ready to keep revisionist with them and are ready to give undertaking.

Considering the facts and circumstances of the case, the revision is allowed. Impugned judgment and order 07.04.2018 passed by the Special

Judge, POCSO/ Additional Sessions Judge, Haridwar in Criminal Appeal No. 51 of 2018 is set aside.

Let revisionist Azeem be released on bail on executing personal bond and furnishing two sureties each of the like amount by his natural guardian

and father to the satisfaction of the learned Special Judge POCSO/ Additional Sessions Judge, Haridwar. His father shall also submit an undertaking

that the Juvenile will remain in his custody.