Allahabad High Court
Vikas Saroj vs State Of U.P. And Another on 21 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:145752
Court No. - 80
Case :- CRIMINAL REVISION No. - 3442 of 2021
Revisionist :- Vikas Saroj
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Saurabh Chaturvedi
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
List revised. None appeared on behalf of 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 21.09.2021 passed by learned Juvenile Justice Board, Bhadohi rejecting the Bail Application of the revisionist which is moved in Case Crime No.128 of 2021, under Section 376 & 506 I.P.C. and Section 3/4 of POCSO Act, Police Station Gopiganj, District Bhadohi, the Criminal Misc. Bail Application No.42/2021 by the order dated 26.10.2021 passed by learned Additional Sessions Judge -Special Judge (POCSO) Act, Bhadohi dismissing the Criminal Appeal No.11/2021 preferred against the order dated 21.09.2021 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, 11 months and the age of the victim was about 17 years at the time of alleged incident. Further submitted that F.I.R. was lodged after delay of three months from the alleged incident. As per allegation in F.I.R. the delinquent is said to have established physical relations with the victim for a period of three months but no any such complaint was made by her either to her parents or to anyone else. Later on, her pregnancy was detected that was the reason present F.I.R. was lodged against the delinquent without ensuring that the victim became pregnant as a result of relation with the present delinquent. There is no any D.N.A. report on record to show that it was the outcome of relation with the present delinquent and the victim. 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 18.05.2021 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 willingness of victim and the period present delinquent 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 21.09.2021 and the appellate court dated 26.10.2021 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 :- 21.7.2023/Ashok Gupta
