Allahabad High Court
X ( Juvenile ) vs State Of U.P. And Another on 2 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:154174
Court No. - 80
Case :- CRIMINAL REVISION No. - 783 of 2022
Revisionist :- X ( Juvenile )
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Mukti Nath Dwivedi
Counsel for Opposite Party :- G.A.,Amit Tripathi
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist, Sri Amit Tripathi learned counsel for the opposite party as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his mother with a prayer to allow this revision and set aside the judgment and order dated 31.01.2022 passed by learned Sessions Judge, Shahjahanpur in Criminal Appeal No. 54 of 2021 as well as order dated 16.12.2021 passed by Principal Magistrate Juvenile Justice Board, Shahjahanpur. Further prayed to release the revisionist on bail in Case Crime No. 74 of 2021 under Section 306, 354, 323, 506 I.P.C., Police Station Mirzapur, District Shahjahanpur.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years at the time of alleged incident and the victim/ deceased was aged about 20 years. As per allegation in F.I.R. the victim was molested and beaten by the delinquent on 05.03.2021 as a result she committed suicide on 09.03.2021 after four days of the alleged incident which cannot be said to be the consequence of incident of molestation. It is further submitted that the F.I.R. was lodged on 11.03.2021 after six days of the alleged incident of molestation. It is further submitted that the F.I.R. was lodged against the delinquent with ulterior motive by the father of the deceased. No any kind of abetment was made by the delinquent to the deceased and no any injury was caused by him. Even during postmortem no any physical injury was found on her person suggesting that she was beaten by the delinquent. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 24.03.2021 i.e. more than two years and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid. In this regard the order passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.
Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. for the State, the time delinquent remained in Child Care Home, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, it appears that Juvenile Justice Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.
Accordingly, the orders passed by Juvenile Justice Board dated 16.12.2021 and the appellate court dated 31.01.2022 are, hereby, set aside and present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing person bond by the revisionist ( mother of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-
(i) The revisionist/ mother will furnish an undertaking that upon release on bail the revisionist will not be permitted to go 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 repeat the offence.
(ii) The revisionist/ mother will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.
(iii) Juvenile and the revisionist/ mother will report to the Probation Officer on the first Monday of every calendar month.
(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such a periodical basis as the Juvenile Justice Board may determine.
Order Date :- 2.8.2023
Suraj Srivastav
