Allahabad High Court
X vs State Of U.P. And Another on 21 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:168187
Court No. - 80
Case :- CRIMINAL REVISION No. - 3747 of 2022
Revisionist :- X
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Abhishek Saroj,Diwan Saifullah Khan,Samya Lal Pandey,Sunil Kumar Yadav,Vinay Prakash Shukla
Counsel for Opposite Party :- G.A.,Raj Kumar
Hon'ble Subhash Chandra Sharma,J.
1. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material on record.
2. 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 impugned judgment and order dated 22.7.2022 passed by the learned Additional Sessions Judge/Special Judge (POCSO Act), Room No. 1, District - Bhadohi in Criminal Appeal No. 16 of 2022 (Suraj Gautam Vs. State of UP and another) whereby the appeal filed by the revisionist has been rejected and the earlier order dated 5.7.2022 passed by the Juvenile Justice Board, Bhadohi by which the bail application of the revisionist has been rejected in Case Crime No 99 of 2021 under Sections 147, 302, 323, 504 and 506 IPC, Police Station - Oonj, District - Bhadohi and also prays to release the revisionist/delinquent on bail in the aforesaid case.
3. It is submitted that in this case the delinquent/applicant was aged about 16 years at the time of alleged incident and is in Child Care Home since 9.12.2021 (i.e. more than one and half years). It is further submitted that as per version in the FIR, five accused persons including the present delinquent assaulted with lathi danda, but no specific role has been assigned to the present delinquent for making assault. It is further submitted that there is no any criminal antecedent against the present delinquent except a case under Sections 323 and 504 IPC. There is nothing adverse to the interest of the delinquent. 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 9.12.2021 (i.e more than one and half 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.
4. Learned A.G.A. opposed the prayer as aforesaid.
5. 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 medical examination report of the victim 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.
6. Accordingly, the orders passed by Juvenile Justice Board dated 5.7.2022 and the appellate court dated 22.7.2022 are, hereby, set aside and the present criminal revision is hereby, allowed.
7. It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person 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 natural guardian/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 natural guardian/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 natural guardian/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 :- 21.8.2023
S.K.S.
