Allahabad High Court
X- Juvenile vs State Of U.P. And Another on 16 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:165537
Court No. - 80
Case :- CRIMINAL REVISION No. - 2840 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Shyam Lal,Abhilasha Singh,Ashutosh Yadav
Counsel for Opposite Party :- G.A.,Arvind Kumar
Hon'ble Subhash Chandra Sharma,J.
List has been revised. Learned counsel for the revisionist as well as learned A.G.A present. No one is present from the side of opposite party.
Heard learned counsel for revisionist as well as learned learned A.G.A. for State and perused the record.
The present criminal revision has been preferred by the revisionist through his mother 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 7.4.2023 passed by learned Child Judge, Sambhal in Crl. Appeal No. 10 of 2023 as well as order dated 2.1.2023 passed by learned Juvenile Justice Board, Sambhal. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.92 of 2022, under Sections 305 IPC, Police Station Kurh Fatehgarh, District Sambhal.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident and is languishing in Child Care Home since 25.8.2022. As per allegation made in the F.I.R the delinquent committed rape with the victim with other co-accused persons those were major. It is further submitted that there is nothing on record to show that the present delinquent and other co-accused havecommitted rape with her as a result she committed suicide. It is also submitted that those were major have already been granted regular bail by o-ordinate bench of this Court and the case of present delinquent is not different to that of co-accused persons. 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 25.8.2022 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. for the State 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, dated 7.4.2023 and the appellate court dated 2.1.2023 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 (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 :- 16.8.2023.G.S
