A revision petition was filed before the Allahabad High Court where the Revisionist had challenged the order passed by the Special Judge ( POCSO ) Court rejecting his bail application.
The Court rejected the revision petition and refused to grant bail to the Revisionist because of the nature of the crime he was accused of.
Revisionist was accused of ravishing a six-year-old child.
As per the FIR, the victim was playing with other children of the locality when the Revisionist ravished her.
The mother of the victim approached the Police, and a case was registered.
Revisionist approached the Juvenile Justice Board and asked them to declare him a child in conflict with the law.
By order dated 08.01.2019, the Revisionist was adjudged to be about 14 years old.
Subsequently, he applied for bail, but the Juvenile Justice Board rejected his bail application.
An appeal was then filed before the Hon’ble Sessions Judge who also rejected the bail application.
Aggrieved, the Revisionist moved the Allahabad High Court.
Revisionist is a child in conflict with the law.
Learned Counsel for the Revisionist stated that the Revisionist was a child in conflict with the law and should be granted bail.
It was argued that while considering bail of a child, the merits of the case or the gravity of the crime should not be considered.
He further argues that the Revisionist did not fall in any disentitling categories and therefore should get bail.
If the Revisionist is released on bail, it will lead to ends of justice being defeated: Counsel for the respondents.
Counsel for the respondents stated that the Revisionist should not be released on bail as he was accused of ravishing a six-year-old child.
The action of the Revisionist has alarmed the society, observes the Hon’ble Judge.
Hon’ble Justice J.J Munir opined that the actions of the Revisionist had alarmed the society.
It was further observed that His actions have led to a situation, where prima facie no child of tender years, and more than that the parents or the guardians of a young child, would feel safe during their daily routine.
Allahabad High Court held that if the Revisionist is released on bail, then it would lead to the ends of justice being defeated.
Title: Akash Alias Nirmal Mishra vs State Of U.P. And Anr.
Case No.CRIMINAL REVISION No. – 1944 of 2019
Date of Order: 05.10.2020
Coram: Hon’ble Justice J. J Munir
Counsel for Revisionist:- Babu Lal Ram, Phool Singh Yadav
Counsel for Opposite Party:- G.A.