Allahabad High Court
Xx vs State Of U.P. And Another on 17 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:141989
Court No. - 80
Case :- CRIMINAL REVISION No. - 1361 of 2022
Revisionist :- Xx
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Sanjeev Kumar Sharma
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 15.2.2022 passed by learned Special Judge (POCSO Act)/ Additional Sessions Judge. Kanpur Nagar as well as order dated 30.11.2021 passed by Juvenile Justice Board, Kanpur Nagar. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 266 of 2020, under Sections 302, 394, 201, 411 IPC and Section 3(2) V SC/ST Act, Police Station Panki, District Kanpur Nagar.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years nine months at the time of alleged incident and is languishing in Child Care Home since 27.5.2020 which is more than three years. It is further submitted that he was not named in the F.I.R but during course of investigation he was arrested with co-accused Mohan Verma who was major and recovery of Scorpio was said to be made from their possession. It is further submitted that co-accused Mohan Verma has already been enlarged on regular bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 209 of 2022 by order dated 8.5.2023 and the case of the present delinquent is on similar footing to that of co-accused. No any specific role has been assigned to the present delinquent and there is nothing on record to show his complicity in the commission of offence.
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 27.5.2020 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.
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 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 Principal Juvenile Justice Board dated 30.11.2021and the appellate court dated 15.2.2022 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 :- 17.7.2023
G.S
