Allahabad High Court
X Minor vs State Of U.P. And Another on 16 December, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:238855
Court No. - 80
Case :- CRIMINAL REVISION No. - 6071 of 2023
Revisionist :- X Minor
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Maimoona Fatima
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
1. Vakalatnama has been filed in the Court today. The same is taken on record.
2. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
3. The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 21.10.2023 passed by learned Additional Sessions Judg (POCSO Act), Aligarh, in Criminal Appeal No. 179 of 2023, registered with Case Crime No. 422 of 2023, under Section 147, 148, 149, 307, 341 and 504 I.P.C., Police Station Civil Line, District Aligarh.
4. It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that an FIR was lodged against unknown person for causing injury, but no any injury was found on the person of the injured. It is further submitted that the revisionist was arrested by the police in one case and this complicity was also disclosed in the present case. There is no any material on record to show his complicity in the present case. False recover of Tamancha was also shown from the possession of the present revisionist. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
5. 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 31.07.2023 i.e. more than 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.
6. Learned A.G.A. opposed the prayer as aforesaid. In this regard, the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.
7. 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, the time delinquent remained in Child Care Home, 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.
8. Accordingly, the order passed by the appellate court dated 21.10.2023 is, hereby, set aside and present criminal revision is hereby, allowed.
9. It is directed that delinquent/applicant be released on bail 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 revisionist/ 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 revisionist/ 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 revisionist/ 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 :- 16.12.2023
Anjali
