Allahabad High Court
X- Juvenile vs State Of U.P. And Another on 24 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:171150
Court No. - 80
Case :- CRIMINAL REVISION No. - 1499 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Tufail Hasan
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist 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 mother with a prayer to allow this revision and set aside the judgment and order dated 14.02.2023 passed by learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Firozabad in Criminal Appeal No. 02 of 2023 as well as order dated 06.12.2022 passed by Juvenile Justice Board, Firozabad. Further prayed to release the revisionist on bail in Case Crime No. 858 of 2022 under Section 420, 411, 414 I.P.C., Police Station North, District Firozabad.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years and 5 months at the time of alleged incident. It is further submitted that as per allegation in F.I.R. one motorcycle was said to be recovered from the possession of the present revisionist with other four co-accused persons out of which two motorcycles were said to be recovered from others possession. It is further submitted that there is no any material on record to show that he committed theft of motorcycle and kept it in his possession knowing that it was stolen. It is also submitted that co-accused Pradeep Kumar Rathore was major had already been granted regular bail by Co-ordinate Bench of this Court in application No. 3594 of 2023 vide order dated 16.02.2023 and the case of the present delinquent is on better footing. The criminal history against the present delinquent was in the case those were registered against him on the same day for showing good work of police. 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 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 10.10.2022 i.e. about one year 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 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. for the State, 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 06.12.2022 and the appellate court dated 14.02.2023 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 ( 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 revisionist/ 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 revisionist/ 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 revisionist/ 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 :- 24.8.2023
Suraj Srivastav
