Allahabad High Court
X Minor vs State Of U.P.And Another on 11 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:195725
Court No. - 80
Case :- CRIMINAL REVISION No. - 5196 of 2023
Revisionist :- X Minor
Opposite Party :- State Of U.P.And Another
Counsel for Revisionist :- Satish Kumar Sharma,Pawan Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the material on 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 impugned judgment and order dated 21.01.2023 passed by the learned Special Judge (POCSO Act), Maharajganj in Criminal Appeal No.54 of 2022 (Shairun Nisha vs. State of U.P.) as well as order dated 14.11.2022 passed by the Juvenile Justice Board, Maharajganj (State vs. Shairun Nisha) arising out of Case Crime No.70 of 2022, under Sections 323, 504, 304 I.P.C., Police Station Bargadawa, District Maharajganj whereby the learned courts below have been pleased to reject the bail application of the revisionist, who was declared a juvenile at the time of alleged incident 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 14 years and was juvenile at the time of alleged incident. As per allegation in F.I.R. the delinquent alongwith three other co-accused persons those were his family members made assault on the injured with lathi and danda as a result he died. Further submitted that no any specific role has been assigned to the present delinquent except the general allegation of marpit against all the accused persons. It is also submitted that co-accused Shafunisha & Wajid have already been granted bail by co-ordinate Benches of this Court and the case of the present delinquent is on similar footing. There is no any other material on record to show the complicity of the present delinquent in committing the offence as allege in F.I.R. but being inmate of the other co-accused persons she was also named. 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 08.07.2022 (i.e. more than one year) 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, that other co-accused persons have already been granted bail 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 14.11.2022 and the appellate court dated 21.01.2023 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 (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 natural guardian/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 natural guardian/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 natural guardian/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 :- 11.10.2023
Ashok Gupta
