Allahabad High Court
Ritesh Maurya vs State Of U.P. And Another on 12 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:138884
Court No. - 80
Case :- CRIMINAL REVISION No. - 3266 of 2021
Revisionist :- Ritesh Maurya
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Gyanendra Prasad Mahant
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, learned counsel for opposite party as well as learned A.G.A. for State and perused the 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 judgment and order dated 28.9.2021 passed by learned Special Judge (Exclusive Court) (POCSO Act), Mahrajganj in Criminal Appeal No. 30 of 2021 as well as order dated3.8.2021 passed by Juvenile Justice Board, Mahrajganj. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 48 of 2021, under Sections 376-D IPC and Section 5/6 POCSO Act, Police Station Kothibhar, District Mahrajganj.
It is submitted by learned counsel for the revisionist that the delinquent was aged about 17 years and is languishing in Child Care Home since two years four months. It is further submitted that the delinquent has not committed rape with the victim who was aged about 17 years but on account of village party bandi, he was named in the F.I.R with other co-accused Ravi who was major. It is further submitted that there is nothing in the medical report to suggest that the rape was committed with her except mark of injury on her back. No any mark of injury was seen on her person. Even from the forensic report, the complicity of the present delinquent could not be established. It is further submitted that the delinquent was juvenile at the the time of the alleged offence. There is contradiction in the statement made by the victim under sections 161 and 164 Cr.P.C. It is further submitted that the prayer of bail is to be decided on the basis of juvenility of delinquent and not on the gravity of the offence is to be considered.It is further submitted that the delinquent is languishing in Child Care Home since two years four months but this fact was also not taken into consideration by the learned courts below while considering the bail and rejected the prayer which cannot be said to be in conformity with law.
There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court. The delinquent is in Juvenile Care Home since two years and four months and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A. for the State opposed the prayer as aforesaid and contended that in this case the complicity of the delinquent in the commission of rape with the victim got supported from her statement as recorded under sections 164 Cr.P.C by the learned Magistrate.
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the order 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 Principal Juvenile Justice Board dated 3.8.2021 and the appellate court dated 28.9.2021 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing personal 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 :- 12.7.2023
G.S
