Allahabad High Court
Juvenile 'X' vs State Of U.P. And Another on 31 October, 2022
Bench: Jyotsna Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 91
Case :- CRIMINAL REVISION No. - 331 of 2022
Revisionist :- Juvenile 'X'
Opposite Party :- State Of U.P. And Another
Counsel for Revisionist :- Rajiv Sisodia,Deepak Kumar,Dhirendra Kumar Srivastava
Counsel for Opposite Party :- G.A.,Laloo Yadav
Hon'ble Mrs. Jyotsna Sharma,J.
01. Heard Sri Amit Rai holding brief of Sri Rajiv Sisodia, learned counsel for the revisionist, Sri Laloo Yadav, learned counsel for the respondent no.2 and learned A.G.A. for the State-respondent no.1.
02. This criminal revision under Section 102 Juvenile Justice (Care and Protection of Children) Act, 2015 has been filed challenging the order dated 23.11.2021 passed by Principal Judge, Juvenile Justice Board, Bijnor and further challenging the order dated 17.12.2021 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Bijnor in Criminal Appeal No.57 of 2021, Anmol vs. State of U.P. whereby bail to the juvenile was declined and the order passed by the J.J.Board was affirmed in the matter arising out of case crime no.183 of 2021, under Sections 302 and 404 I.P.C., P.S. Haldaur, District Bijnor.
03. As per allegations in the F.I.R. filed against unknown persons, the deadbody of the deceased Rajveer Singh alias Baram was found by co-villagers at some place on 26.06.2021 at 8.30 A.M. and F.I.R. was lodged (against unknown persons) for murder of the deceased. During investigation statements of several witnesses were recorded in which it was disclosed that the deceased had a love affair with a girl. In this background, it came to light that the present juvenile who was brother of the girl along with two others conspired together to kill the deceased.
04. It is contended on behalf of the revisionist that the impugned orders have been passed ignoring settled principles of law as applicable in the matters of juvenile under the relevant provisions of Section 12 of the J.J.Act. It is further contended that orders have been passed in arbitrary manner without having sufficient material before the courts below for drawing conclusion bringing the case within the exceptional provisions as provided in proviso to Section 12 (1) of the J. J.Act, 2015. It is next contended that the juvenile is in detention since 29.06.2021 i.e. more than one year has lapsed since his apprehension.
05. Learned A.G.A. has opposed bail. However, he did not dispute the factual aspects of this case as stated above.
06. I went through the impugned orders and perused the material on record. It is not disputed that the juvenile accused was found aged 15 years on the date of occurrence. This fact is also not disputed that initially the F.I.R. was registered against unknown persons and later on a story came to light that the real and cousin brothers of the girl, with whom the deceased allegedly had a love affair are involved in this case. This is also not disputed that the deceased died of single gunshot wound. It is not disputed that the recovery of weapon of offence was made from one of the co-accused Himanshu @ Chhotu. Two co-accused Himanshu @ Chhotu and Vishnu @ Vishesh have been admitted to liberty of bail by another Benche of this Court vide order dated 22.09.2022 and 21.10.2022 passed in Criminal Misc. Bail Application Nos.7866 of 2022 and 344 of 2022 respectively. There is no eye witness of the incident and that no recovery of weapon of offence or other incriminating article has been made from the juvenile present revisionist. The juvenile has no previous criminal history. I went through the impugned order of J. J. Board. It appears that J. J. Board declined to release the juvenile on bail on single basis of the fact that he appeared to be involved in a case of heinous nature. I also went through the order of appellate court. It appears that the appellate court has drawn a conclusion that if the juvenile, if released on bail, he may be exposed to moral, physical or psychological danger and that his release may defeat ends of justice only on the basis of the probabilities. In my view, the order of J. J. Board as well as the appellate court suffers from patent illegality and infirmities and therefore, the orders are not sustainable. The impugned orders have been passed without having any material to substantiate the limited grounds which were available to the courts concerned.
07. In view of the above, especially, in view of the period of incarceration already undergone and that co-accused persons whose case was similarly circumstanced and definitely not on any better footing than the case of juvenile, have been admitted to liberty of bail, the revision is allowed. The judgment and order dated 23.11.2021 passed by Principal Judge, Juvenile Justice Board, Bijnor and order dated 17.12.2021 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Bijnor are hereby set aside.
08. Let the revisionist, minor "X' through his natural guardian/mother Seema Devi w/o Surendra Singh resident of village Mukarpur, Gadai, P.S. Haldaur, District Bijnor be released on bail in Case Crime No.183 of 2021, under Sections 302 and 404 I.P.C., P.S. Haldaur, District Bijnor upon his mother Seema Devi furnishing a personal bond with two solvent sureties of her relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Bijnor subject to the following conditions:
(i) that the natural guardian/mother Smt.Seema Devi 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 mother 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;
(iv) The District Probation Officer will keep strict vigil on the activities of the revisionist.
Order Date :- 31.10.2022
Asha
