Allahabad High Court
X- Juvenile 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:170074
Court No. - 80
Case :- CRIMINAL REVISION No. - 4401 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Haya Rizvi
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Sri Arjun Sharma, advocate holding brief of Ms. Ifra Fatima has filed vakalatnama on behalf of the opposite party no.2 which is taken on record.
Heard Ms. Haya Rizvi, learned counsel for the revisionist as well as learned counsel for the opposite party no.2 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 05.08.2023 passed by learned Additional Session Judge (Rape and POCSO) Court No.5, Baghpat in Criminal Appeal No.49 of 2023 as well as order dated 30.06.2023 passed by Principal Magistrate, Juvenile Justice Board, Baghpat in Case Crime No.1190/2022 under Section 302/34 I.P.C., Police Station Baraut, District Baghpat 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 and was juvenile 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. It is further submitted that no any specific role was assigned to the present delinquent but the role of firing was assigned to co-accused Sachin. It is also submitted that co-accused Vishal Tomar @ Vishu who was major has already been enlarged on regular bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.24554 of 2023 vide order dated 31.05.2023. The other juvenile has also been granted bail by this Court in Criminal Revision No.4280 of 2023 vide order dated 18.08.2023. No any kind of recovery was made from the possession or at the instance of the present delinquent, therefore, his case cannot be said to be different from co-accused Sachin. 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 13.01.2023 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 counsel for the opposite party as well as 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 other co-accused persons have already been enlarged on bail and the fact that no specific role has been assigned to 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 30.06.2023 and the appellate court dated 05.08.2023 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 :- 23.8.2023
Ashok Gupta
