Allahabad High Court
X- Minor vs State Of U.P. And 3 Others on 14 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:140311
Court No. - 80
Case :- CRIMINAL REVISION No. - 2527 of 2023
Revisionist :- X- Minor
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Ramesh Chandra Yadav
Counsel for Opposite Party :- G.A.,Ravi Shankar Yadav
Hon'ble Subhash Chandra Sharma,J.
Rejoinder affidavit filed by learned counsel for the revisionist is taken on record.
Heard learned counsel for the revisionist, Sri Ravi Shankar Yadav learned counsel for the opposite party as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his mother with a prayer to allow this revision and set aside the judgment and order dated 07.04.2023 passed by learned Additional Sessions Judge, Kanpur Dehat in Criminal Appeal No. 05 of 2023 as well as order dated 03.01.2023 passed by Juvenile Justice Board, Kanpur Dehat. Further prayed to release the revisionist on bail in Case Crime No. 487 of 2021 under Section 376D, 452, 506 I.P.C. Police Station Bhognipur, District Kanpur Dehat.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 14 years and 8 months at the time of alleged incident and is in Child Care Home since 27.05.2022 i.e. for a period of one and a half years. It is further submitted that the allegation of rape was made against the present delinquent and co-accused Amit Kumar has already been granted regular bail by Co-ordinate Bench of this Court in criminal miscellaneous bail application No. 17341 of 2022 by order dated 22.12.2022. It is also submitted that there is nothing on record to show that present delinquent committed rape with the victim who was aged about 34 years but on account of village dispute he was involved in this case. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
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, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submission made by learned counsel for both the parties, 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.
Accordingly, the orders passed by Juvenile Justice Board dated 03.01.2023 and the appellate court dated 07.04.2023 are, hereby, set aside and present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail 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 revisionist/ 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 revisionist/ 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 revisionist/ 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
Suraj Srivastav
