Allahabad High Court
X (Minor) vs State Of U.P. And Another on 9 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2023:AHC:193618
Court No. - 80
Case :- CRIMINAL REVISION No. - 3296 of 2023
Revisionist :- X (Minor)
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Awes Iqbal,Noor Ahmed
Counsel for Opposite Party :- G.A.,Ramesh Kumar Shukla
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, learned counsel for opposite party no. 2 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 31.5.2023 passed by learned Child Court, Bijnor in Criminal Appeal No. 63 of 2023 as well as order dated 2.5.2023 passed by Juvenile Justice Board, Bijnor. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 43 of 2022, under Sections 307, 364, 323 IPC, Police Station Nagina, District Bijnor.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 15 years, 11 months and 2 days at the time of alleged offence. Further submitted that as per allegation in the F.I.R. the present revisionist and co-accused Adnan kidnapped the victim aged about 8 years and also caused injuries to him and then threw him on the roof of Mosque. No any specific role has been assigned to the present revisionist except general role with co-accused Adnan who was major has been enlarged on regular bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 16724 of 2022 vide order dated 20.2.2023. It is also submitted that there is nothing on record to show the complicity of present delinquent. 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 6.2.2022 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 counsel for opposite party no. 2 as well as A.G.A. opposed the aforesaid prayer and urged that in this case, claim of juvenility made by the child which was accepted by the learned J.J. Board is under challenge before the learned appellate court, therefore, the revisionist cannot be released on the basis of claim of juvenility. The bail application of co-accused has been granted when the counsel for the opposite party was not present.
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 Juvenile Justice Board dated 2.5.2023 and the appellate court dated 31.5.2023 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 :- 9.10.2023
A. Singh
