Allahabad High Court
X vs State Of U.P. And 3 Others on 12 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:137621
Court No. - 80
Case :- CRIMINAL REVISION No. - 2114 of 2023
Revisionist :- X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Ranjan Dhwaj Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Ranjan Dhwaj Tiwari, 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 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 14.03.2023 passed by learned Juvenile Court/Additional Session Judge, Maharajganj rejecting the bail of juvenile revisionist, In Inquiry No.03/2023 in Case Crime No.164 of 2022, under Sections 363, 376 I.P.C. & Section 3/4 Protection of Children from Sexual Offences Act, Police Station Nichalaul, District Maharajganj 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, 1 months, 2 days at the time of alleged commission of crime. Further submitted that there is allegation in F.I.R. that the victim (aged about 16 years) went with the delinquent/revisionist as a result of enticement and during investigation statement of the victim was recorded in which she also accepted that she went with the delinquent voluntarily and even before the learned Magistrate she made similar statement. Thereafter, during trial again statement of the victim was recorded in which she denied the fact of any such incident. The report submitted by the District Probation Officer is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the learned 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 13.05.2022 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 and the statement made by the victim before the Magistrate as well as during trial, 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 order passed by the appellate court dated 14.03.2023 confirming the order of Juvenile Justice Board dated 03.02.2023 is, 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 :- 12.7.2023
Ashok Gupta
