HANSRAJ YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) This Revision is directed against an order of Mr. Gaurav Kumar Srivastava, the then Additional District and Sessions Judge, Chandauli dated 05.02.2020, passed in Criminal Appeal No. 5 of 2020, dismissing the appeal and affirming an order of the Juvenile Justice Board, Chandauli (for short the Board ) dated 21.01.2020, refusing bail pending trial to the revisionist in Case Crime No. 222 of 2018, under Sections 489B, 489C of the Indian Penal Code, 1860 (for short the Penal Code ), Police Station - Chakia, District - Chandauli.

(2.) The revisionist was apprehended in connection with the aforesaid crime in a joint operation by the Anti Terrorism Squad and the Station House Officer, Police Station Chakia, District Chandauli, on 17.10.2018 at 03:00 p.m. in the afternoon, while he was proceeding on board a three-wheeler. He was apprehended at the Saidullahpur Trijunction, by the joint police party, acting on a tip off from an informer. He was carrying a blue-coloured bag. The search of the bag, going by prior information, led to recovery of fake Indian currency worth Rs. 3,40,000/-. The First Information Report (for short FIR ) details that the revisionist confessed that he had collected the currency from Farakka, Bihar, travel led to Patna, and thence to Mugalsarai.

(3.) The revisionist moved the Board for a declaration that he was a child in conflict with law. The Board, after necessary inquiry, declared the revisionist a juvenile vide order dated 14.01.2020, aged about 15 years, one month and eighteen days on the date of occurrence. The revisionist then moved the Board seeking bail. The Board rejected the bail plea vide order dated 21.01.2020. The revisionist appealed the Board's order to the learned Sessions Judge, Chandauli under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the Act of 2015 ). The appeal before the Sessions Judge was numbered as Criminal Appeal No. 5 of 2020. It came up for determination before the learned Sessions Judge, Chandauli, who proceeded to dismiss the same and affirmed the Board.