KRISHAN MOHAN GARG Vs. SHIVAM YADAV

JUDGEMENT

(1.) The instant criminal revision under Section 397 / 401 of Cr.P.C. has been filed by the petitioner/complainant against the order dated 1/6/2020 passed by Special Judge (POCSO Act), Morena dismissing the application of the petitioner preferred under Section 439(2) of Cr.P.C. for cancellation of interim bail granted to respondent No. 1/accused vide order dated 11/4/2020.

(2.) Precisely stated facts of the case are that petitioner is father of victim and has filed this revision. On 26/8/2019, one report has been lodged by the petitioner for disappearance of his girl child, aged around 13 years who later on found unconscious and case was registered. Statement of victim under Section 164 of Cr.P.C. was recorded in which she stated involvement of present respondent No. 1/accused alongwith other co-accused Nikesh Yadav, Ankesh Yadav, Piyush Jain, Balram, Somdev in commission of offence under Section 363 , 354 , 368 , 376-D , 376 (2)(N), 376(2)(I), 120-B, 201, 34 of IPC and Section 7 / 8 , 5 / 6 of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act"). After investigation charge-sheet was filed.

(3.) Earlier respondent No. 1/accused was found to be a child in conflict with law because his age was found to be 17 years three months and therefore, he was sent to remand home. Juvenile Justice Board dismissed his application for bail under Section 12 of Juvenile Justice (Care & Protection) Act , 2015 (for short "JJ Act") then he travelled upto revisional jurisdiction before this Court, but failed. In Covid-19 pandemic situation, Apex Court in Civil Original Jurisdiction in Suo Moto Writ Petition (Civil) No. 4/2020 in the matter of In Re Contagion of Covid 19 Virus in Children Protection Homes vide order dated 3/4/2020 issued certain directions and relying upon said directions, application was preferred by the respondent No. 1/accused before the Special Judge, POCSO Act for interim bail and vide order dated 11/4/2020, he was granted interim bail which precipitated filing of application at the instance of present petitioner as complainant under Section 439(2) of Cr.P.C. but same was rejected by the Special Judge, POCSO Act vide order dated 1/6/2020. Therefore, against the grant of interim bail and rejection of application under Section 439(2) of Cr.P.C., petitioner as complainant has filed this revision petition.