Allahabad High Court
X Juvenile vs State Of U.P. And Another on 17 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:165285
Court No. - 80
Case :- CRIMINAL REVISION No. - 1559 of 2020
Revisionist :- X Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Dwijendra Prasad,Bipin Kumar,Ved Prakash Pandey
Counsel for Opposite Party :- G.A.,Upendra Kumar Pushkar
Hon'ble Subhash Chandra Sharma,J.
Heard Sri J.P. Tripathi assisted by Sri Onkar Nath learned counsel for the revisionist, Sri Upendra Kumar Pushkar 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 father with a prayer to allow this revision and set aside the judgment and order dated 21.08.2020 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Aligarh in Criminal Appeal No. 25 of 2020 as well as order dated 26.02.2020 passed by Juvenile Justice Board, Aligarh. Further prayed to release the revisionist on bail in Case Crime No. 482 of 2019 under Section 376, 354-B I.P.C. and 3/4 POCSO Act, Police Station Kwarsi, District Aligarh.
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. It is further submitted that as per version in F.I.R. rape was committed with the victim by the present delinquent and other co-accused Ajay Raj who was major. It is also submitted that the co-accused Ajay Raj was granted regular bail by Co-ordinate Bench of this Court in application No. 50871 of 2019 on 10.02.2020 and the present delinquent is languishing in jail in child care home. The case of the present delinquent is on similar footing to that of co-accused Ajay Raj. 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 also submitted that the trial is also not possible to be concluded in near future.
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 07.06.2019 i.e. more than four 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 and urged that in this case the incident took place with the victim and medical report also supports the allegation against the present delinquent and the co-accused. The victim statements under Section 164 Cr.P.C. was also recorded before the learned Magistrate in which she made allegation against both the delinquent/ co-accused. In case, he is released on bail he will come in association with known criminals.
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, the status of trial, 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 26.02.2020 and the appellate court dated 21.08.2020 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 ( 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 :- 17.8.2023/ Suraj Srivastav
