SHIVAM Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) Revisionist Shivam, a juvenile in conflict with law, has preferred instant Criminal Revision u/s 53 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred as the Act), seeking his release on bail in crime no.238 of 2014 under section 304 I.P.C. P.s. Link road, district Ghaziabad. His bail prayer already stood rejected by Juvenile Justice Board and lower appellate court in Criminal Appeal no.170 of 2014, vide orders dated 20.9.2014 and 31.9.2014 respectively.

(2.) At the outset a brief resume of background facts are sketched below.

(3.) That complainant Rajendra Singh lodged an F.I.R. At police station linkroad stating that his younger brother Sonpal used to ply tempo no.up14bt4477 on hire. On 28.4.14 he was driving his tempo from Maharajpur to Mohan Nagar and one Shyam son of Mohan Lal was with him, accused shivam who was known to Shyam boarded in the tempo in front of village Sahibabad .When Sonpal demanded fare from Shivam, he did not pay and assulted Sonpal. Due to injuries sustained Sonpal became unconscious. He was taken to Vasundra Hospital, where he was declared dead.