Allahabad High Court
X Juvenile And Another vs State Of U.P. And 3 Others on 26 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:148816
Court No. - 80
Case :- CRIMINAL REVISION No. - 2966 of 2023
Revisionist :- X Juvenile And Another
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Munna Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed today by learned counsel for revisionists is taken on record.
Heard learned counsel for revisionists, learned A.G.A. for State and perused the record.
The present criminal revision has been preferred by the revisionist through their 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 17.3.2023 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Court No. 1, Gorakhpur in Criminal Appeal No. 20 of 2023 as well as order dated 3.2.2023 passed by Juvenile Justice Board, Gorakhpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionists on bail in Case Crime No. 491 of 2022, under Sections 377, 506 IPC & Section 5M/6 POCSO Act, Police Station Gola, District Gorakhpur.
It is submitted by learned counsel for the revisionists that in this case, the delinquents are twins and were juveniles aged about 17 year, 2 months and 27 days at the time of alleged offence. Further submitted that there is allegation of committing unnatural offence with the victim aged about 10 years with other co-accused persons namely Kishunpal Maurya and Gulab Maurya who was major has already been enlarged on regular bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 8470 of 2023 vide order dated 1.5.2023. In this way, there is nothing on record to show the complicity of the delinquents. There is nothing adverse to the delinquents 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquents are in Juvenile Care Home since 17.12.2022 and their 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 opposed the aforesaid prayer.
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionists 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 Juvenile Justice Board dated 3.2.2023 and the appellate court dated 17.3.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquents/applicants be released on bail on executing personal bond by the revisionists (father of the delinquents) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions:-
(i) The revisionists/father will furnish an undertaking that upon release on bail the revisionists 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 juveniles will not repeat the offence.
(ii) The revisionists/father will further furnish an undertaking to the effect that the juveniles will pursue their study at the appropriate level which they would be encouraged to do besides other constructive activities and not be allowed to waste their time in unproductive and excessive recreational pursuits.
(iii) Juveniles and the revisionists/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 :- 26.7.2023
A. Singh
