Allahabad High Court
Juvenile 'X' vs State Of U.P And Another on 19 October, 2022
Bench: Jyotsna Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 91
Case :- CRIMINAL REVISION No. - 3018 of 2021
Revisionist :- Juvenile 'X'
Opposite Party :- State Of U.P And Another
Counsel for Revisionist :- Suresh Dhar Dwivedi,Rajesh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard Sri Rajesh Kumar Mishra, 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 17.09.2021 passed by the Juvenile Justice Board, Shahjahanpur and further challenging the order dated 19.10.2021 passed by the Additional Sessions Judge/Special Judge, (POCSO Act), Court No. 8, Shahjahanpur in Bail Appeal No. 40/2021 affirming the order of the Juvenile Justice Board declining bail to the juvenile in criminal case arising out of Case Crime No. 148 of 2021 under Sections 376, 452, 504 IPC, Police Station Paraur, District-Shahjahanpur.
3. It is contended on behalf of the revisionist that in this case, the revisionist was falsely implicated because of previous animosity against him; that while declining bail to the juvenile, the Juvenile Justice Board as well as the appellate Court have ignored the settled principles of law, which are ordinarily applicable in the matters of bail to the juvenile and also the mandate of Section 12 of the Juvenile Justice Act, 2015; not only this, the courts below have altogether ignored the fact of improbability of the story and the weak evidence to support the FIR, hence, the orders are not sustainable on facts or on law.
4. In this case, a FIR was lodged by father of the victim alleging that his daughter alongwith other kids were sleeping in the courtyard of his house on the night of 05.06.2021, the juvenile, with bad intentions, entered his house and tried to assault his daughter, however, meanwhile, the informant and one Ramkishore, who were not in their house at the time of the incident, returned, however, the juvenile managed to escape from there. In her statement under Section 161 Cr.P.C., the victim supported the allegations contained in the FIR. In her statement under Section 164 Cr.P.C., the prosecution story was changed and improved and the matter was brought within Section 376 IPC. In medical examination, no external or internal injuries were found. Doctor has given an opinion that there has not been any sign of use of force. In medical examination, the victim was found aged about 19 years. The juvenile was found aged about 16 years. Admittedly, the juvenile is in detention since about 1 years.
5. Though learned AGA has opposed bail, but could not dispute factual aspects of the case as mentioned in preceding paragraph.
6. I perused the impugned orders. It appears that the order of the Juvenile Justice Board was affirmed by the appellate Court on two grounds. Firstly, that the DPO made an observation that the parents of the juvenile do not have any control over him. Secondly, that the case is of heinous nature. In my view, there has not been any material on record to substantiate the grounds for drawing a conclusion that once he is released on bail, he shall come in association with some known criminals or that he shall be exposed to any moral, physical or psychological danger and that his release shall defeat the ends of justice. In my view, the merits of the case cannot altogether be ignored by the courts below while considering the matters of bail to the juvenile.
7. In view of the above, especially in view that the juvenile is in detention since last about 1 years, the revision is allowed. The judgment and order dated 17.09.2021 passed by the Juvenile Justice Board, Shahjahanpur and also the order dated 19.10.2021 passed by the Additional Sessions Judge/Special Judge, (POCSO Act), Court No. 8, Shahjahanpur, are hereby set aside.
8. Let the revisionist, minor "X" through his guardian/father R/o Village Brihannagla, Police Station Paraur, District-Shahjahanpur be released on bail in Case Crime No. 148 of 2021 under Sections 376, 452, 504 IPC, Police Station Paraur, District-Shahjahanpur upon his father furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Shahjahanpur subject to the following conditions:
(i) that the natural guardian/father 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 father 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 :- 19.10.2022/Vik/-
