Allahabad High Court
Juvenile X vs State Of U.P. And Another on 23 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:170341
Court No. - 80
Case :- CRIMINAL REVISION No. - 3410 of 2023
Revisionist :- Juvenile X
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Ashwani Kumar Pathak
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 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 26.05.2023 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Court No.1, Gorakhpur in Criminal Appeal No.76/2023 arising out of Case Crime No.28/2023 under Sections 302, 504, 34 I.P.C., Police Station Tiwaripur, District Gorakhpur whereby dismissing the appeal and confirming the order dated 27.04.2023 passed by Juvenile Justice Board, Gorakhpur by which bail application of the revisionist has been rejected in Case Crime No.28/2023 under Sections 302, 504, 34 I.P.C., Police Station Tiwaripur, District Gorakhpur 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 and was juvenile at the time of alleged incident. Further submitted that he was not named in the F.I.R. for committing murder of the deceased though F.I.R. was lodged by the informant himself. During investigation the statement of the informant was recorded and he made statement against the present delinquent and other co-accused persons Suraj and Sahil that they have committed the murder of his son on account of dispute which took place two years prior to the alleged incident. There is no any other material on record to show the complicity of the present delinquent in committing murder of the deceased. It is also submitted that no any kind of recovery was made from the possession or at the instance of the delinquent but it was made from co-accused Suraj and Sahil. 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 26.01.2023 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, the fact that no recovery has been made from the present delinquent 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 27.04.2023 and the appellate court dated 26.05.2023 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 (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 :- 23.8.2023
Ashok Gupta
