Allahabad High Court
Juvenile -Y 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:164360
Court No. - 80
Case :- CRIMINAL REVISION No. - 3708 of 2022
Revisionist :- Juvenile -Y
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Abhas Sharma,Arvind Kumar Sahu,Rajesh Kumar Sharma,Vindeshwari Prasad
Counsel for Opposite Party :- G.A.,Anil Kumar Ojha
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the material on 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 impugned judgment and order dated 19.07.2022 passed by Special Judge (POCSO Act), Additional Sessions Judge, Ghaziabad in Criminal Appeal No.93 of 2022 (Case Crime No.633 of 2021) under Sections 302, 201, 394, 411 I.P.C., Police Station Tronica City, District Ghaziabad rejecting whereby the appeal of the revisionist preferred under Section 101 of Juvenile Justice, 2015 against the order dated 21.06.2022 passed by Juvenile Justice Board, Ghaziabad and also prays to release the revisionist/delinquent on bail in the aforesaid case.
It is submitted that in this case the delinquent/applicant was aged about 16 years at the time of alleged incident. Further submitted that the delinquent was not named in the F.I.R. but during investigation his name was brought into light as being worker in the wooden godown of the deceased. Further submitted that the complicity of the delinquent has been connected with this case on the basis of a mobile phone said to be recovered from the godown of the deceased and the said mobile phone also belonged to the deceased himself. There is nothing on record to show that the aforesaid mobile phone was being used by this delinquent. It is further submitted that the mobile phone is said to have been recovered after 10 days of the alleged incident at the instance of the delinquent from the godown of the deceased. It is further submitted that a false recovery of knife has also been shown from the godown but all these facts does not connect the delinquent with the commission of murder of the deceased persons. It is also submitted that as per status of trial even the charge has not yet been framed against the delinquent till now by the Children's Court, therefore, trial is also not likely to conclude in near future. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 27.09.2021 (i.e. about two years) and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and urged that the delinquent was working with the deceased in his godown and committed murder with intention to commit robbery in which Rs.8000/- were recovered form the possession of the delinquent those were looted by him. It is further urged that both son and father (deceased persons) were brutally murdered by the delinquent, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer, the fact that delinquent was not named in the F.I.R. and the period present delinquent remained in child care home, 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 21.06.2022 and the appellate court dated 19.07.2022 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person 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 natural guardian/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 natural guardian/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 natural guardian/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 :- 16.8.2023
Ashok Gupta
