VISHAVJEET Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this appeal is made to the judgment and order dtd. 18/8/2021, passed in Special Session Trial No.161 of 2021, State vs. Vishavjeet Rai, by the court of FTC/Additional Sessions Judge/Special Judge (POCSO), Udham Singh Nagar. By it, the Bail Application No.1388/2021, in FIR No.166 of 2020, under Ss. 302, 120-B and 34 IPC and 3/25 of the Arms Act, 1959, Police Station Transit Camp, District Udham Singh Nagar, of the appellant has been rejected.

(2.) Heard learned counsel for the parties and perused the file.

(3.) According to the FIR, in the midnight of 19/6/2020, at about 2:30 a.m., some persons entered into a house and fired at Sameer. Having heard the noise, when the family members came from the room, they saw three persons running from there. The FIR records that the wife of the deceased had extramarital relationship with the appellant, who threatened the deceased to life or required him to divorce his wife so that the appellant could marry her. The charge-sheet was submitted against the appellant as an adult, but by the order dtd. 21/10/2020 passed in Misc. Application No.115 of 2020, State vs. Vishvajeet Rai, the court of Additional Judicial Magistrate/2nd Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar, declared the appellant as Child in Conflict with Law ( "the CIL ") and the matter was referred to the JJ Board. A statement is given that after preliminary assessment under Sec. 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 ( "the Act "). It has been directed that the appellant shall be tried as an adult. It is, thereafter, the trial proceeded in the Children Courts/FTC/Additional Sessions Judge/Special Judge (POCSO), Udham Singh Nagar, in which, by the impugned order, the bail application of the appellant has been rejected.