Shahrukh vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard. This revision is directed against the order dated 12.01.2012, passed by the Sessions Judge, Hardwar, in Criminal Appeal No. 209 of 2011, relating to offences punishable u/s 376 (2) (f) (g), 363, 366A of I.P.C., and one punishable u/s 3(1) (XII) of S.C. & S.T. (Prevention of Atrocities) Act, 1989, Police Station Kotwali Roorkee, District Hardwar, whereby said court has affirmed the order dated 21.12.2011, passed by Juvenile Justice Board, declining bail to the revisionist/applicant.

Counter affidavit has been filed on behalf of the State. Same is taken on record.

The revisionist is permitted to make correction in the revision to the effect that the revision of juvenile is filed through his father, who has already filed affidavit with the revision.

Learned counsel for the applicant drew attention of this court to Annexure-6 which is copy of the order dated 30th of November, 2011, whereby the revisionist/applicant Shahrukh has been declared juvenile. From said order, it appears that on the date of incident, the revisionist was aged less than 14 years.

Learned counsel for the revisionist/applicant further submitted that co-accused Intezar, who is major has already been directed to be released on bail in connection with Crime No. 386 of 2011, by this court. It is argued that considering the age of the revisionist, he is entitled to bail. He has no criminal history. In the above circumstances, this revision is disposed of with the direction that the accused/applicant Shahrukh shall be released on bail on furnishing two sureties each of the like amount, to the satisfaction of Juvenile Justice Board. (Bail Application No. 78 of 2012 and Urgency Application No. 1369 of 2012 stand disposed of).