- (1.) This revision has been preferred against the judgment and order dated 5.5.2015 passed by the Sessions Judge, Mirzapur in Criminal Appeal No. 18 of 2015 (Shubham Pandey Vs. State of U.P.) whereby the order dated 20.3.2015 passed by Juvenile Justice Board rejecting the bail of juvenile, Shubham Pandey has been set aside and the juvenile, Shubham Pandey was released on bail.
(2.) Admittedly, opposite party no. 2, Shubham Pandey is adjudged juvenile, aged about 17 years and 29 days and special provisions are there for the bail of juvenile.
(3.) Brief facts of the case are that on 11.12.2014 at about 10:30 A.M., while the informant, Durvasa Dwivedi and his brother Mrityunjay Dwivedi, Dhananjay and Shiv Shankar Giri were escorting the pilgrims towards Maa Vindhyawasini Mandir, Gyan Chandra Pandey (accused/father of O.P. No. 2) Shubham Pandey, O.P. No. 2 obstructed them and alleged that it is they, who will carry out the pilgrimage and not the informant. On this, the accused persons abused the informant, to which they were desisted from doing so, but in the process both Gyan Chandra Pandey armed with a DBBL gun and Shubham Pandey, O.P. No. 2 armed with bhunjali (sharp cutting weapon) inflicted fire arm and bhunjali injuries at the brothers of the informant, i.e. Mrityunjay, Shiv Shankar Giri and Dhananjay, to which Mrityunjay and Shiv Shankar succumbed to injuries. The first information report about the aforesaid double murder case against the opposite party no. 2 and his father was lodged promptly by the revisionist on the same day on 11.12.2014 at 1:45 AM at the P.S. Vindhyachal, District Mirzapur as Case Crime No. 1206 of 2014 under Sections 307, 302 IPC and Section 7 of Criminal Law Amendment Act.;