Allahabad High Court
X Juvenile vs State Of U.P. And Another on 8 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:159793
Court No. - 80
Case :- CRIMINAL REVISION No. - 1458 of 2023
Revisionist :- X Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Sanjeev Mishra Gana
Counsel for Opposite Party :- G.A.,Shahzad Alam
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for both the parties and perused the record.
The present criminal revision has been preferred by the revisionist through his father under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the judgment and order dated 8.2.2023 passed by learned Special Judge (POCSO Act)/ Additional Session Judge, Bareilly in Crl. Appeal No.125 of 2022 as well as order dated 12.9.2022 passed by Juvenile Justice Board, Bareilly. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 909 of 2021, under Sections 363,302,201 I.P.C, Police Station Baheri, District Bareilly.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 14 years and three months at the time of the alleged incident and is languishing in Child Care Home since 2.1.2022. It is further submitted that the deceased was taken away from his house by some one regarding which an F.I.R was lodged against unknown persons but later on the dead body of the deceased was recovered and during course of investigation, the name of co-accused Islam Ahmad and the present delinquent was brought into light. It is further submitted that in the confessional statement made by the co-accused Islam Ahmad who was the main accused and committed murder and also concealed the dead body in the ground, this delinquent was also roped in this case. It is further submitted that the present delinquent being brother of the co-accused Islam Ahmad was also roped in this case by the police and no any recovery was made either from the possession or at the instance of the present delinquent. It is further submitted that co-accused Islam Ahmad has already been granted regular bail by co-ordinate bench of this Court in Crl. Misc. Bail Application No.43172 of 2022 by order dated 6.1.2023. The case of the present delinquent is on similar footing to that of co-accused.
There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court. The delinquent is in Juvenile Care Home since 2.1.2022 and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. 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 Principal Magistrate,Juvenile Justice Board 12.9.2022 and the appellate court dated 8.2. 2023 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing personal bond by the revisionist (father 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/father 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 father will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/father 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/father 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 :- 8.8.2023
G.S
