Allahabad High Court
X (Minor) vs State Of U.P. on 21 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:167876
Court No. - 80
Case :- CRIMINAL REVISION No. - 3320 of 2023
Revisionist :- X (Minor)
Opposite Party :- State of U.P.
Counsel for Revisionist :- Shiv Shankar Gupta,Ram Kishor Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist and 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 31.05.2023 passed by Juvenile Judge, Hamirpur in Criminal Appeal No.17 of 2023 (X vs. State of U.P.) as well as order dated 24.03.2023 passed by Principal Magistrate, Juvenile Justice Board, Hamirpur in Bail/Custody Application No.12 of 2023 (State vs. Babajan @ Hazrat Babajan) arising out of Case Crime No.244 of 2022 and under Sections 147, 323, 504, 506, 354-B, 386 I.P.C. & Section 67 I.T. Act, Police Station Kotwali Nagar, District Hamirpur 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 15 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 by the police and F.I.R. was lodged by the police Sub-Inspector not by the victim. It is further submitted that the statement of the victim was recorded u/s 164 Cr.P.C. but it was of Dinesh. It is also submitted that co-accused Safat @ Sablu Khan who was also brought into light during investigation, has already been granted regular bail in Criminal Misc. Bail Application No.2475 of 2023 vide order dated 22.02.2023 and the case of the present delinquent is better footing. 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 05.09.2022 (i.e. about one year) 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 A.G.A. opposed the prayer as aforesaid.
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 and the confessional statement of other co-accused persons and the role of the present delinquent, 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 24.03.2023 and the appellate court dated 31.05.2023 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 :- 21.8.2023
Ashok Gupta
