Allahabad High Court
Xx Juvenile vs State Of U.P. And 3 Others on 17 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:200815
Court No. - 80
Case :- CRIMINAL REVISION No. - 3251 of 2023
Revisionist :- Xx Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Mohd Shamim Khan,Deepak Singh Patel
Counsel for Opposite Party :- G.A.,Mohammad Tahir Kurashi,Pradeep Kumar Tiwari
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist, learned counsel for the opposite party 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 mother with a prayer to allow this revision and set aside the judgment and order dated 23.05.2023 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Sant Kabir Nagar in Criminal Appeal No. 18 of 2023 as well as order dated 19.04.2023 passed by Juvenile Justice Board, Sant Kabir Nagar. Further prayed to release the revisionist on bail in Case Crime No. 415 of 2022 under Sections 363, 366, 376(3) I.P.C., Section 5/6, 16/17 POCSO Act, 2012, and 3(2)5, 3(2)(5Ka) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989), Police Station Dudhara, District Sant Kabir Nagar.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years at the time of alleged incident. It is further submitted that no any role has been assigned to the present revisionist except being with co-accused Abdul Moid with motorcycle. It is also submitted that Abdul Moid was in relation with the victim and she went with him voluntarily. No any statement against the present revisionist was made by the victim herself before the learned Magistrate under Section 164 Cr.P.C. regarding establishing physical relations with her, therefore, no any offence under Section 366 or 376 I.P.C. is made out against him. 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 08.02.2023 i.e. more than eight months 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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and urged that in this regard, the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.
Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. for the State, 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 19.04.2023 and the appellate court dated 23.05.2023 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 ( 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 revisionist/ 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 revisionist/ 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 revisionist/ 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 :- 17.10.2023
Suraj Srivastav
