Allahabad High Court
X Juvenile vs State Of U.P. And Another on 14 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:140373
Court No. - 80
Case :- CRIMINAL REVISION No. - 2913 of 2021
Revisionist :- X Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Ram Raj Pandey
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 13.08.2021 passed by learned Additional District and Session Judge/Special Judge POCSO Act, Baghpat in Criminal Appeal No.27 of 2021 as well as order dated 07.07.2021 passed by Juvenile Justice Board, Baghpat in Case Crime No.972 of 2020, under Sections 302, 307, 504, 506 I.P.C., Police Station Baraut, District Baghpat (State vs. Badal @ Kartoos) 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 15 years, 10 months, 6 days at the time of alleged incident and is in child care home 11.11.2020 and from year 2021 he is jail. Further submitted that the F.I.R. was lodged against three known and one unknown person including the present delinquent out of which co-accused Monit @ Chotu has already been granted bail by the learned court of Session though the role of present delinquent is similar. It is further submitted that other unnamed accused Shubham Saroha @ Honey and Satyam Khokhar have also been enlarged on bail by co-ordinate Benches of this Court in Criminal Revision No.1844 of 2021 & 2088 of 2021 vide orders dated 29.09.2021 & 15.12.2021. It is also submitted that the delinquent was neither arrested from the spot nor was seen by anyone while committing the offence but on account of village rivalry he was named in this case. 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 11.11.2020 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 other co-accused persons have already been enlarged on bail and the period delinquent remained in child care home/jail, 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 07.07.2021 and the appellate court dated 13.08.2021 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 :- 14.7.2023
Ashok Gupta
