Allahabad High Court
X Juvenile vs State Of U.P. And Another on 18 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:201391
Court No. - 80
Case :- CRIMINAL REVISION No. - 4271 of 2023
Revisionist :- X Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Firdos Ahmad,Atul Kumar Yadav
Counsel for Opposite Party :- G.A.,Shahzad Alam
Hon'ble Subhash Chandra Sharma,J.
Counter affidavit filed today by opposite party no. 2 is taken on record.
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 5.7.2023 passed by learned Special Judge (POCSO Act), Azamgarh in Criminal Appeal No. 44 of 2023 as well as order dated 19.5.2023 passed by Juvenile Justice Board, Azamgarh. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 214 of 2022, under Sections 302, 201, 120-B IPC, Police Station Saraimeer, District Azamgarh.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years, 8 months and 14 days at the time of alleged offence. F.I.R. was lodged against unknown persons for committing murder of the deceased. During the course of investigation, his name was brought into light on the basis of confessional statement made by co-accused Saifurrahman. Later on confessional statement of the revisionist was also recorded on the basis of which his complicity was shown. There is no any other material on record to show the complicity of the revisionist in committing the murder of the deceased. Co- accused Kalim has been enlarged on bail who was also brother into light on the basis of confessional statement made by co-accused and recovery of motorcylce and mobile phone of the deceased. 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 28.10.2022 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 the delinquent, though juvenile but remained in the contact of hardened criminal, therefore, he is not entitled for bail and the revision is liable to be dismissed.
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 19.5.2023 and the appellate court dated 5.7.2023 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 :- 18.10.2023
A. Singh
