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2016 Supreme(All) 856

ALLAHABAD HIGH COURT
BEFORE : PRABHAT CHANDRA TRIPATHI, J.
ANUJ @ PRASOON SHUKLA ....Revisionist
Versus
STATE OF U.P. AND ANOTHER .....Opposite Parties
(Criminal Revision No. 2868 of 2015, decided on 29th July, 2016)

Advocates:
Counsel :
Jitendra Kumar Yadav and Radhey Shyam Shukla for the Revisionist; A.G.A. and Sushil Pandey for the Opposite Parties.

Headnote:Juvenile Justice (Care and Protection of Children) Act, 2015—Section 12—(Indian) Penal Code, 1860—Sections 147, 148, 149, 302, 452, 323, 504 and 506—Juvenile—Bail application—Rejection—‘Juvenile in conflict with law’ does not entitle him to be released on bail solely on ground of his juvenility—Court below have considered correctness, legality and propriety of matter and did not act with any irregularity at time of giving findings of fact relating to revisionist—No illegality in impugned order. [Paras 14, 17 and 18]

       Result; Revision Dismissed.

       

JUDGMENT

Hon’ble Prabhat Chandra Tripathi, J.—Heard Sri Radhey Shyam Shukla, learned counsel for the revisionist, Sri Sushil Pandey, learned counsel for the opposite party No. 2 and learned A.G.A. for the opposite party No. 1.

2. This criminal revision has been preferred against the impugned judgment and order dated 3.7.2015 passed by the learned Sessions Judge, Pilibhit in Criminal Appeal No. 40 of 2015-Anuj @ Prasoon Shukla through his guardian and natural mother Seema Shukla @ Reena Shukla v. State of U.P., under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act), Police Station Sungarhi, District Pilibhit, by which the criminal appeal filed by the revisionist has been dismissed, and also against the order dated 29.5.2015 passed by the learned Juvenile Justice Board, Pilibhit in Case Crime No. 529 of 2015-State v. Anuj @ Prasoon Shukla, under Sections 147, 148, 149, 302, 452, 323, 504, 506 I.P.C., Police Station Sungarhi, District Pilibhit, by which the bail application of the “juvenile in conflict with law” presented through his guardian and natural mother Seema Shukla @ Reena Shukla has been rejected.

3. In short, as per the F.I.R. version, the informant Neelu Rupali Pandey on 6.3.2015 at about 12.20 p.m. presented a written application before the Officer Incharge Police Station Sungarhi, Pilibhit that on 6.3.2015 at about 11.45 a.m. in the noon when she alongwith her father Nirmal Mishra, mother Santosh Mishra and brother Mudit Mishra were present in their home, at that time, suddenly Devendra Shukla @ Mintu, Rahul Shukla @ Rinku both sons of Mahesh Shukla wielding knives in their hands, Triloki Nath Shukla @ Tillu, son of Mahesh Shukla wielding ‘Gupti’ in his hand, Anuj Shukla, son of Devendra Shukla, Mahesh Shukla son of Prabhu Dayal Shukla wielding knives in their hands, all resident of Nai Basti near Chhatari Chauraha, Police Station Pilibhit entered into the house of the informant and all with common intention to kill the father of the informant attacked him. Mahesh Shukla abused and said that he had lodged the report against his daughter so he may not be spared. All the accused persons badly injured the father of the informant by causing injuries with knives and ‘Gupti’. When the informant and her brother Mudit Mishra and mother tried to save her father, they have also beaten them. All the accused persons after giving them threat to their lives went away. Just before the incident, Mahesh Shukla had given threat to kill the father of the informant on telephone.

4. This F.I.R. was promptly lodged on 6.3.2015 at 12.20 p.m.

5. In the oral evidence Smt. Neelu Rupali Pandey (informant), daughter of late Nirmal Mishra, resident of Mandi Wali Gali Mohalla Ballabh Nagar, Police Station Sungarhi, Pilibhit deposed that seven years ago, she was happily married to Prakash Pandey in Bareilly. After some time, her husband developed inclination towards her Jethani Shilpi wife of Deepak Pandey to which she used to oppose. Since last two months, he had come to her parents’ place. On 18.2.2015 her father-in-law, mother-in-law, husband and Jethani Shilpi came to her parents’ house and abused and intimidated her for which she has lodged a case in Case Crime No. 426 of 2015, under Sections 498A, 504, 506 I.P.C. and ¾ D.P. Act against her father-in-law Sudhir, mother-in-law Shakuntala, husband Prakash Pandey and Jethani Shilpi on 22.2.2015. Since the parental home of Shilpi situates at Chhatari Chauraha Pilibhit so family members of her Jethani Shilpi did not relish that incident. Thereafter this witness reiterated the F.I.R. version in her oral testimony and deposed that her father fell on the ground. She accompanied him in the injured condition to the police station for lodging the F.I.R. and thereafter from the police station alongwith one police constable she reached the hospital where her father died during treatment. It has also been mentioned that while deposing befor

































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