AMAN @ FAUZI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Jitendra Prasad, Advocate holding brief of Shri Vidit Khanna, learned counsel for the appellant, Ms. Vaibhavi, Advocate holding brief of Ms. Swati Agrawal, learned counsel for the complainant, learned AGA for the State and perused the record.

(2.) This appeal has been filed by juvenile Aman @ Fauzi against the order dated 07.02.2018 passed by the Additional Sessions Judge/FTC Court no. 1, Special Judge (POCSO Act) in Bail Application No. 150 of 2018 (Juvenile Justice Act, 2012) arising out of case no. 77 of 2017, under section 302 I.P.C., P.S. Sherkot, District - Bijnor whereby the bail of the juvenile has been rejected by the learned court below.

(3.) The appellant has challenged the impugned order on the ground that the F.I.R. was against unknown persons while passing the order, the learned court below did not consider the report of District Probation Officer nor the psychologist report. There is no direct evidence against the appellant, the impugned order is against the facts and evidence. The juvenile has been falsely implicated and hence he was entitled for bail, therefore, the impugned order dated 07.02.2018 rejecting bail of the juvenile Aman @ Fauzi is liable to be set aside.