RAJU @ ASHISH Vs. STATE OF U P & ANOTHER
LAWS(ALL)-2018-7-18
HIGH COURT OF ALLAHABAD
Decided on July 03,2018

Raju @ Ashish Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

J.J. Munir, J. - (1.) Heard Sri B.S. Kushwaha, learned counsel for the applicant and Sri Shyam Dhar, learned A.G.A. appearing on behalf of the State.
(2.) This is a revision under section 102 of Juvenile Justice Care and Protection of Children Act, 2015 (hereinafter referred to as the Act) from a judgment and order of Sri Dinesh Chand, Additional Sessions Judge, Court No.7, Allahabad dated 17.7.2017, passed in Criminal Appeal No. 153 of 2017 dismissing the said appeal, and, affirming an order dated 30.6.2017 passed by the Juvenile Justice Board in Crime No. 129 of 2017 (State Vs. Raju alias Ashish) under Sections 302, 323, 354 IPC, P.S. Utraon, Allahabad, rejecting the bail application of the juvenile/child in conflict with law, Raju alias Ashish.
(3.) The facts, shorn of unnecessary details, giving rise to this revision are that the informant Kanhiya Lal lodged an F.I.R. on 29.3.2017 at P.S. Soraon at 21.10 hours, that at 19.30 hours earlier in the day his son Rajender Kumar had gone over to a well, located behind his house where the informant's daughter Nisha had also gone along. Two boys, Raju alias Ashish (the revisionist) and Alok Kumar son of Sripal, residents of Satapur, both of whom are bullies and goondas eve teased his daughter and molested her, to which his son Rajesh objected. This led to an altercation between Rajesh and the two named accused Raju alias Ashish and Alok Kumar, both of whom pushed his son Rajesh and daughter Nisha into the well. On hearing the ensuing commotion, passers by rushed to the aid of victims the duo fished out country made pistols and brandishing them, escaped from the scene of occurrence. The informant says that the gathered natives and the informant pulled the two children out of the well to find both of them dead.;


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