Allahabad High Court
Y- Juvenile vs State Of U.P. And 3 Others on 25 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:172200
Court No. - 80
Case :- CRIMINAL REVISION No. - 3940 of 2023
Revisionist :- Y- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat)
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 31.03.2023 passed by the Juvenile Justice Board, Azamgarh and order dated 07.07.2023 passed by Special Judge (POCSO Act), Azamgarh under Section 101 Juvenile Justice (Care and Protection of Children) Act, 2015 rejecting the bail application of the revisionist in Case Crime No.282/2022 under Sections 376-D, 506 I.P.C. and Section 67 I.T. Act, Police Station Devgaon, District Azamgarh 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 14 years and was juvenile at the time of alleged incident. Further submitted that an F.I.R. was lodged u/s 354, 506 I.P.C. & Section 67 I.T. Act against the delinquent and three other co-accused persons for making obscene photographs relating to the daughters of the informant viral on facebook. It is also submitted that co-accused Abhishek Chauhan and Kishan Chauhan have already been enlarged on bail by co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos.6812 of 2023 & 1480 of 2023 vide orders dated 19.04.2023 & 27.03.2023 and the case of the present delinquent is on similar footing to that of aforesaid co-accused.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 05.11.2022 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 other co-accused persons have been enlarged on bail 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 31.03.2023 and the appellate court dated 07.07.2023 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 :- 25.8.2023
Ashok Gupta
