Shailendra vs State of U.P.

J.C. Gupta, J.—Heard Sri Krishna Kapoor for the applicant and the learned A.G. A. for the State.

This revision is directed against the orders dated 1972001 and .1422001 passed by Additional Sessions Judge (Court No. 8), Agra and Special Judge, Juvenile Justice Court, Agra respectively.

It appears that applicant was arrested in case Crime No. 310/2000 under Section 376 I.P.C., P.S. Malpura, District Agra on the allegation that on 2892000 at about 12.00 noon be committed intercourse with a four year old girl. Since the applicant in revision was himself a child of less than 14 years of age, he was kept in Juvenile Home and by the order dated 1012001. He was declared juvenile by the Juvenile Court. However, his bail application was rejected by the Juvenile Court as well as by the appellate Court under the impugned orders.

Learned Counsel for the applicant in revision submitted before the Court that under Section 18 of Juvenile Justice Act "when any person accused of a bailable or nonbailable offence and apparently a Juvenile is arrested or detained or appears or is brought before a Juvenile Court, such person shall, not with standing 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 but 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 danger or that his release would defeat the ends of justice."

Sri Krishna Kapoor submitted before the Court that there was no material before the Courts below to bring applicant''s case in any of the above exception. On examining the record, this Court finds weight in the submission of the learned Counsel for the applicant that the Courts below totally failed to consider that the applicant was himself a young boy of less than 14 years of age. In medical examination hymen of the girl was found intact and medical evidence further makes it doubtful that there had been any penetration in the vagina of the girl. There was also nothing on record to indicate that the applicant has any criminal history or was of bad character.

In the opinion of the Court the High Court has been denied bail by the Courts below on mere surmise Accordingly revision is allowed. The order dated 1422001 passed by Juvenile Court and the order dated 1972001 passed by Additional Sessions Judge, Agra in Criminal Appeal No. 60/2001 are set aside. It is ordered that applicant in revision shall be released on bail on such terms and conditions, as may be imposed by the Juvenile Court.

Certified copy of this order shall be made available to the appellant''s Counsel within 48 hours on payment of usual charges. Bail granted.