LAWS(UTN)-2015-1-30

AVNISH KUMAR Vs. STATE OF UTTARAKHAND

Decided On January 16, 2015
AVNISH KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) INSTANT criminal revision has been filed for quashing and setting -aside the judgment and order dated 30.09.2014 passed by Sessions Judge, Haridwar in Criminal Appeal No. 112 of 2014 'Avnish Kumar vs. State' and the order dated 29.08.2014 passed by Principal Judge, Juvenile Justice Board, Haridwar in Criminal Case No. 67 of 2014, whereby bail application of the revisionist was rejected.

(3.) IT is not disputed that the revisionist is juvenile, as the Juvenile Justice Board as well as the Sessions Judge, in their orders, have mentioned this factual aspect. The revisionist, at the time of offence, was 16 years old. The revisionist was arrested in connection with case crime no. 243/2014 registered at Police Station Kotwali Roorkee, District Haridwar under Section 363, 366 -A, 376 (2) (g) I.P.C. and 5 (G)/6 Protection of Children from Sexual Offences Act. It is alleged in the FIR that revisionist, alongwith three others, kidnapped and raped the minor girl, namely Tashmim. Other co -accused are major and 2 only revisionist is juvenile. The Juvenile Justice Board rejected the bail application holding that incase the revisionist is enlarged from jail, it cannot be said that he will not associate with other criminals. It reveals out from the report of District Probation Officer, a mention of which is there in the order of Juvenile Justice Board, that revisionist had love affairs with the girl and he was found involved in the offence with other co -accused, though unaware about the seriousness of the offence. I have gone through the judgment of the Appellate Court and found that the same observations have been made by the Appellate Court what have been observed by Juvenile Justice Board.