JUVENILE X Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Chanchal Kumar Rai, learned counsel for the revisionist, Sri O.P. Mishra, learned AGA for the State as well as Sri Manvendra Nath Singh, learned counsel for the respondent no. 2 and perused the record.

(2.) This criminal revision under Sec. 102 of the Juvenile Justice Act, 2015, has been filed on behalf of the minor 'X' through his natural guardian/father Vinod Pandey S/o Late Basant Pandey R/o Village-Khutahan Namjad Karmaita (Babhnauli), Police Station Shadiyabad, District Ghazipur with the prayer to admit the minor on bail alongwith the prayer to set aside the order dtd. 16/11/2021 passed by the Juvenile Justice Board, Varanasi and order dtd. 6/1/2022 passed by the Additional District and Sessions Judge/Special Judge, POCSO Act, Varanasi in Misc Case No. 331/2021 arising out of Case Crime No. 188 of 2021 under Sec. 302, 396, 412 IPC, Police Station-Phoolpur, District-Varanasi by which the criminal appeal was rejected.

(3.) As per the version of the FIR lodged by Smt. Bindu Devi wife of deceased Phoolchand Ram, who was holding the post of the Branch Manager of Punjab National Bank, BranchKarkhiyaon, Phoolpur, Varanasi at the time of his death; after attending his Office, he was returning to his house on 9/6/2021 at about 6 pm; he had last conversation with his wife at about 6 pm, however, some unknown persons kidnapped and murdered him. On the basis of the FIR Case Crime No. 0188/2021 under Ss. 364 and 302 IPC was registered and investigated upon. During the investigation, after collection of some evidence and recording of statement under Sec. 161 Cr.P.C. of the witnesses, the present revisionist, minor son of Vinod was arrested and a total of Rs.12,50,500.00 out of the looted amount of Rs.47.00 lakhs, bearing the seal of Punjab National Bank and some other incriminating articles like the ICard of Phoolchand Ram, the deceased and firearms were Neutral Citation No. - 2022:AHC:155613 recovered. Three of the other arrested co-accused persons namely, Alok Rai, Arun Mishra and Rahul Tiwari, in their confessional statements before the Police, also named the revisionist, a juvenile.