Allahabad High Court
X Juvenile vs State Of U.P. And 3 Others on 6 December, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:231416
Court No. - 80
Case :- CRIMINAL REVISION No. - 5213 of 2023
Revisionist :- X Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Azhar Hussain,Byas Kumar Prasad
Counsel for Opposite Party :- G.A.,Dharmendra Kumar Rajput
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the parties 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 of Children) Act, 2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the impugned judgment and order dated 04.08.2023 passed by learned Additional Session Judge/POCSO Court No.1, Aligarh in Criminal Appeal No.117 of 2023, X (minor) Vs. State of U.P. and another as well as order dated 03.07.2023 passed by Juvenile Justice Board, Aligarh in Misc. Case No. 125 of 2023, arising out of Case Crime No.0074 of 2023, under Sections 354(C), 506, 384 and 376 I.P.C.; Section 3/4 POCSO Act; Section 3(2)(VA) Scheduled Caste and Scheduled Tribe Act and Section 67 Information Technology (Amendment) Act, Police Station-Delhi Gate, District-Aligarh 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 17 years and was juvenile at the time of alleged incident. Further submitted that the victim was also aged about 17 years and was in love affair with the present revisionist. As per allegation in the F.I.R. some obscene photographs were taken by the revisionist and other co-accused persons and pressure was made to extort money from her by threatening her to blackmail. Physical relations were also established with her. It is also submitted that the victim was in relation with the revisionist two years prior to the alleged incident and there were conversations between both of them which shows her willingness. There is nothing on record to show that the obscene photographs were taken by the revisionist with other co-accused persons. It is also submitted that co-accused Ankit Thakur, whose real name is Anikesh Kumar, has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.30659 of 2023 vide order dated 16.08.2023 and the case of the present revisionist is on similar footing. 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 24.03.2023 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 parties opposed the prayer as aforesaid and contended that co-accused Anikesh Thakur has been enlarged on bail on the ground of unavailability of obscene photographs. It is also contended that the victim was raped by the revisionist with other co-accused persons and in case revisionist is released he will come in association of hardened criminals.
Considering the facts and circumstances of the case, submission made by learned counsel for the parties, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer, that another co-accused person has already enlarged on bail by co-ordinate Bench of this Court 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.
Accordingly, the orders passed by Juvenile Justice Board dated 03.07.2023 and the appellate court dated 04.08.2023 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 :- 6.12.2023
Sunil Kr. Gupta
