Vinay Singh Bhadauriya vs State Of Madhya Pradesh

This revision petition has been filed by the applicant under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short

“the Actâ€) being aggrieved by order dated 1/12/2018 passed by IInd Additional Sessions Judge, Bhind (M.P.) in Criminal Appeal No. 112/2018

whereby the order dated 19/11/18 passed by Principal Magistrate, Juvenile Justice Board, Bhind in Crime No.581/18 dismissing the application under

Section 12 of the Act, has been affirmed.

After being arrested in connection with Crime No. 581/18 registered at Police Station Dehat Bhind (M.P.), the applicant is confined in Baal

Samprekshan Grah in respect of the offences punishable under Sections 363, 364-A, 302 read with 34 of the IPC and 11/13 of the MPDVPK Act.

Allegation against the applicant in short are that he along with co-accused persons was involved in kidnapping complaint's son namely Veeru, aged

about 13 years, who had gone outside the house but did not return and later on dead body of Veeru was found in an abandoned house. On the

aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that this Court had called for report of the Probationary Officer. The Probationary Officer has informed

that behaviour of the applicant has been good and he is a disciplined boy. He is also paying attention to his studies. In such circumstances, applicant is

required to be re-rehabilitated with his family so that his interests may be properly protected. He deserves to be given an opportunity, therefore,

custody of the applicant may be handed over to his mother Munni Devi W/o Late Shri Samar Singh Bhadauriya, R/o Bhadauriya Nagar, Bhind (M.P.).

In response, learned Public Prosecutor opposed the prayer contending that looking to the gravity of offence, if applicant is released, would frustrate

the ends of justice.

Hence, the instant revision also deserves to be dismissed.

Taking into consideration the circumstances of the case including that applicant behaviour has been good during his stay in Observation Home and the

entire proceedings are being carried out under the Provisions of Juvenile Justice (Care and Protection of Children) Act, it is directed that on furnishing

a personal bond of Rs. 1,00,000/- (Rs. One Lac Only) with one solvent surety in the like amount by mother of the applicant Vinay Singh Bhadauriya,

custody of the applicant be handed over to her with a clear stipulation to produce him before the Investigating Officer/trial Court as and when

required.

The revision is disposed of.

C.C as per rules.