RAUNAK SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned counsel for opposite party No. 2 and learned Additional Government Advocate representing the State of U.P. and perused the record of the case.

(2.) The present criminal revision under Section 102 of Juvenile Justice (care and protection of children) Act, 2015 has been preferred against the judgment and order dated 24.05.2019 passed by Additional Session Judge, court No. 1 Azamgarh, in Criminal Appeal No. 10 of 2019 (Raunak Singh Vs. State of U.P.), and against order dated 04.02.2019 passed by Juvenile Justice Board, Azamgarh in Case Crime No. 176 of 2018, under sections 147 , 148 , 149 , 302 , 307 , 352 , 120-B / 34 IPC, police station Tarwa, district Azamgarh, whereby the learned Juvenile Justice Board as well as learned appellate court refused the prayer of bail of accused-revisionist.

(3.) As per the prosecution case, on 15.10.2018, opposite party No. 2 lodged first information report under sections 147 , 148 , 149 , 302 , 307 , 352 , 120-B and 34 IPC, against six accused persons, namely, Bhagwat Singh, Rajesh Singh, Sunny Singh alias Gautam, Gaurav Singh alias Bhole Singh, Saurabh alias Chhotu and Raunak Singh (revisionist), with regard to murder of his brother Attarey Singh, assigning the main role of causing fire arm injury to the deceased to co-accused Sunny Singh alias Gautam. It is submitted by the learned counsel for the revisionist that in the present case, except the main accused Sunny Singh alias Gautam, other co-accused, namely, Saurabh Singh alias Chhotu Singh, Bhagwat Singh, and Rajesh Singh have been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 6694 of 2019, 3145 of 2019 and 11078 of 2019 vide orders dated 15.02.2019, 23.01.2019 and 14.03.2019 respectively. It is next submitted by the learned counsel for the revisionist that the case of present revisionist stands on similar footing than those of co-accused, who have already been granted bail as mentioned above. It is further submitted by the learned counsel for the revisionist that in the first information report, sister-in-law (bhabhi) and niece of the informant have been shown as eye-witness of the incident, who have also assigned the role of causing injury to co-accused Sunny Singh alias Gautam.