VISHAL DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) CRIMINAL Revision No. 835 of 2005 has been filed by Vishal Dubey against the judgment and order dated 15 -1 -2005 passed by the learned Sessions Judge, Agra in Criminal (Juvenile) Appeal No. 61 of 2004, Vishal Dubey v. State, in case Crime No. 507 of 2004, Police Station New Agra District Agra under Section 25 Arms Act. Criminal Revision No. 959 of 2005 has also been filed by the same revisionist against the judgment and order dated 15 -1 -2005 passed by the learned Sessions Judge Agra in Criminal (Juvenile) Appeal No. 63 of 2004, Vishal Dubey v. State of U.P., in case Crime No. 490 of 2004, P.S. New Agra District Agra under Sections 457/380/411 I.P.C. Since both these revisions have been filed by the same revisionist and since they involve common question of law, I have heard them together and now I am deciding them by a common judgment.

(2.) THE facts relevant for disposal of both these revisions are that on 16 -11 -2004 the revisionist was allegedly arrested by the police of New Agra at about 4.40 p.m. One country made pistol with one cartridge inside it and one more live cartridge were allegedly recovered from his possession, and in respect of this recovery case crime No. 507/04 was registered against him. One golden chain which he was wearing in his neck was claimed by Manvendra Singh and his mother Smt. Prem Lata to be their own stating that it was that very chain which was looted by the culprits on 12 -10 -2003 from their house. Recovery memos of these items were prepared. It is further alleged that thereafter on the pointing out of the revisionist two golden bangles which were stolen from the house of Pradeep Kumar Agrawal and in respect of which crime No. 490/04 was registered at police station New Agra against unknown culprits, were also recovered.

(3.) A report was also called from the District Probation Officer regarding his antecedents etc. who submitted his report on 25 -11 -2004 in which he stated that Juvenile Vishal Dubey was residing with his father Ram Prakash Dubey at Agra who was employed as Reader in the Consolidation department, Mathura. He was a student of B. Sc. in R.B.S. College and upon inquiries the neighbours told that Vishal Dubey was not of criminal nature nor he remained in the company of boys of criminal nature. They also told that he had been earlier detained in a criminal case but he had been bailed out and the police had again detained him in this criminal case. It was also stated that the father of Vishal Dubey assured the Probation Officer that if Vishal Dubey is released on bail, he would be sent to some other place out of Agra for completing his studies. The District Probation Officer concluded in his report that taking into consideration the above facts, if he is released on bail, it shall not have any adverse effect on the interest of justice.