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:140425
Court No. - 80
Case :- CRIMINAL REVISION No. - 1838 of 2021
Revisionist :- X ( Juvenile)
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Avadh Pratap Singh Shishodia
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Compliance affidavit filed by learned A.G.A. today is taken on record.
List revised. None appeared for the opposite party even in the revised call.
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 16.03.2021 passed by the learned Additional Session Judge/Special Judge POCSO Act (Exclusive Court), Baghpat in Criminal Appeal No.9 of 2021 (Shriyansh vs. State of U.P. & another) as well as the order dated 01.02.2021 passed by the learned Juvenile Justice Board, Baghpat in Case Crime No.116 of 2020, under Sections 147, 148, 149, 323, 307, 302, 34 I.P.C., Police Station Singhawali Ahir, District Baghpta 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 16 years, 4 months, 8 days at the time of alleged incident. Further submitted that 15 persons were named in the F.I.R. for causing injuries to the informant side in which two injured Kaluram and Bhopal died during treatment as a result of injuries caused in the said incident. Further submitted that there was general allegation of marpit against all the accused persons with lathi, farsa and bankati but no any specific role was assigned to the present delinquent. It is also submitted that other co-accused persons Dharmveer, Teetu @ Dalveer & Prince have already been enlarged on reular bail by co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos.10534 of 2022, 12853 of 2022, 11144 of 2022 vide orders dated 31.01.2023, 25.01.2023 & 22.02.2023. 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 05.05.2020 (i.e. more than 3 years) 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, the fact that no specific role has been assigned to the present delinquent and the period he 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 01.02.2021 and the appellate court dated 16.03.2021 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
