ANAND SINGH Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) This Criminal Revision under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and, hereinafter, referred to as the 'Act' is directed against an order of Sri Lal Mani, the Additional Sessions Judge, Court no.2, Kushi Nagar at Padrauna, dated 26.09.2017 passed in Criminal Appeal no.54 of 2017, dismissing the said appeal, and, affirming an order dated 16.08.2018 passed by the Juvenile Justice Board, Kushi Nagar at Padrauna rejecting an application for bail by the revisionist in Case Crime no.255 of 2017, under Sections 376, 363, 366, 506 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, Police Station Kubersthan, District Kushi Nagar.

(2.) Heard Sri R.K. Shahi, learned counsel for the revisionist and Sri J.B. Singh, learned A.G.A. on behalf of the State.

(3.) The First Information Report giving rise to the present prosecution was registered on 30.06.2017, on a written information by the grandfather of the prosecutrix, under Sections 363, 366 IPC, Police Station Kubersthan, District Kushi Nagar. It is alleged by the informant, who is opposite party no.2 to this revision, that on 28.06.2017 at 5.00 p.m. the revisionist, along with co-accused Yogendra Singh, Vikas Singh and Poonam Singh, all residents of Tadava, P.S. Kubersthan, District Kushi Nagar, took away the prosecutrix by blandishment. It is said that the prosecutrix was aged 15 years, and, a search amongst relatives, did not lead to her whereabouts. Complaining of enticing away, his minor granddaughter, the prosecutrix, the second opposite party, requested registration of a case. On the basis of the aforesaid written first information dated 30.06.2017, a First Information Report was registered, on the said date at half past noon.