Allahabad High Court
X (Minor) vs State Of U.P. And Another on 3 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:189103
Court No. - 80
Case :- CRIMINAL REVISION No. - 1084 of 2021
Revisionist :- X (Minor)
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Ronak Chaturvedi,Deepak Kumar Tripathi,Prateek Srivastava,Rajiv Kumar Singh,Vikrant Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist 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 real brother with a prayer to allow this revision and set aside the judgment and order dated 03.03.2021 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Sant Kabir Nagar in Criminal Appeal No. 9 of 2021 as well as order dated 09.02.2021 passed by Juvenile Justice Board, Sant Kabir Nagar. Further prayed to release the revisionist on bail in Case Crime No. 699 of 2019 under Section 3/25 of Arm Act, Police Station Khaleelabad, District Sant Kabir Nagar.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that inquiry/ trial is going on but till now only statement of PW-1 has been recorded before the learned court. The conclusion of trial is also not possible in near future. It is also submitted that no any specific role was assigned to the present revisionist as per allegation in F.I.R. but during investigation after making improvement in the statements of witness main role was assigned to present revisionist. Other co-accused persons Shailendra Singh and Akash Singh @ Divanshu Singh were major have already been granted regular bail by Co-ordinate Benches of this Court in bail application No 10034 of 2020 vide order dated 09.06.2020 and in bail application No. 4653 of 2020 vide order dated 04.02.2020 respectively. 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. He is in Child Care Home since 25.09.2019 i.e. more than four years and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.
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. for the State, the period delinquent remained in Child Care Home and none possibility of conclusion of trial in near future in view of status of trial, 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 09.02.2021 and the appellate court dated 03.03.2021 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 ( real brother 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/ real brother 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 real brother will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/ real brother 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/ real brother 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 :- 3.10.2023
Suraj Srivastav
