Allahabad High Court
X- Juvenile vs State Of U.P. And 3 Others on 4 November, 2022
Bench: Jyotsna Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 91
Case :- CRIMINAL REVISION No. - 1521 of 2022
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Babu Lal Ram,Rajiv Sisodia,Sunil Kumar Misra
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard SriRajiv Sisodia, learned counsel for the revisionist and learned AGA for the State of U.P.
2. This criminal revision has been filed under Section 102 of the Juvenile Justice Act, 2015 challenging the order dated 21.02.2022 passed by the Juvenile Justice Board, Bijnor and further challenging the order dated 22.03.2022 passed by the Additional Sessions Judge, POCSO Act, Bijnor in Criminal Appeal No. 31/2022 affirming the order of the Juvenile Justice Board declining bail to the juvenile in criminal case arising out of Case Crime No. 17 of 2022 under Section 376, 363 IPC, Sections 3/4 POCSO Act and Section 3(2)5 of SC/ST Act, Police Station Chandpur, District-Bijnor.
3. It is contended on behalf of the revisionist that the impugned orders have been passed ignoring the principles of law, as applicable in the matters relating to bail to the juvenile and further ignoring the mandate of Section 12 of the Juvenile Justice Act, 2015; the courts below have passed the impugned orders in an arbitrary manner and have drawn conclusions without having sufficient material before them.
4. As per prosecution case, a FIR was lodged by the father of the victim to the effect that yesterday on 08.01.2022, his daughter went away from his house without telling anybody. Somebody had informed him that the juvenile has enticed her away and two other persons were involved in this incident of elopement. The girl was recovered and her statement under Section 161 Cr.P.C., has been recorded wherein she categorically stated that she is student of Class-11th and is in love relationship with the juvenile and that therefore, she left her house on the night of the date of the incident and accompanied the juvenile. They went to Haridwar where both of them got married and that she is in love with the juvenile and desired to stay with him only. In her statement under Section 164 Cr.P.C., she reiterated similar statement as given under Section 161 Cr.P.C. Undisputedly, no external or internal injuries were found on her person, as per the medical examination. As per the C.M.O. report, she was aged 16 years. Admittedly, the juvenile was also found of the same age group of about 16 years 2 months to be precise as per the order of the Juvenile Justice Board. Admittedly, the juvenile is in custody since about 10 months from 14.01.2022 onwards and that the socio-economic condition of the family of the boy was found satisfactory and he had no criminal antecedents and that none in the locality had any negative opinion about him. Despite finding nothing negative in the DPO report, the Juvenile Justice Board has taken into consideration that report for declining bail to the juvenile-revisionist. The appellate Court has concurred with the inference drawn by the Juvenile Justice Board.
5. I went through both the order. In my view, there has not been any substantive material before the courts below to draw an inference bringing the case within the exceptional circumstances as envisaged in the proviso to Section 12 of the Juvenile Justice Act, 2015. Taking into consideration that the boy has no criminal tendencies and that the persons of the locality has no negative opinion about him and the statement of the victim herself and also taking into consideration that both of them are belonging to same age group of 16-18 years. I find it a fit case to release him on bail.
6. In view of the above, the revision is allowed. The judgment and order dated 22.03.2022 passed by the Additional Sessions Judge, POCSO Act, Bijnor and order dated 21.02.2022 passed by the Juvenile Justice Board, Bijnor, are hereby set aside.
7. Let the revisionist, minor "X' through his Guardian/Father be released on bail in Case Crime No. 17 of 2022 under Section 376, 363 IPC, Sections 3/4 POCSO Act and Section 3(2)5 of SC/ST Act, Police Station Chandpur, District-Bijnor upon his guardian furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Bijnor subject to the following conditions:
(i) that the guardian will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the guardian will ensure that the juvenile will not indulge in any criminal activity;
(ii) The revisionist shall not tamper with the evidence or threaten the witnesses;
(iii) The revisionist through guardian shall also file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court.
Order Date :- 4.11.2022/Vik/-
