Allahabad High Court
X (Juvenile) vs State Of U.P. And 2 Others on 19 September, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2023:AHC:180820
Court No. - 80
Case :- CRIMINAL REVISION No. - 2548 of 2022
Revisionist :- X (Juvenile)
Opposite Party :- State Of U.P. And 2 Others
Counsel for Revisionist :- Ali Hasan,Istiyaq Ali
Counsel for Opposite Party :- G.A.,A.S.G.I.,Ashish Pandey,Kuldeep Singh Chauhan
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist, Sri Ashish Pandey learned counsel for the Narcotics Control Bureau 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 30.03.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Bareilly in Criminal Appeal No. 10 of 2022 as well as order dated 20.01.2022 passed by Juvenile Justice Board, Bareilly. Further prayed to release the revisionist on bail in Case Crime No. 253 of 2021 under Section 8/21/29/30/22C/25/27A of N.D.P.S. Act, Police Station Fatehganj Purvi, District Bareilly.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years and was student of class tenth at the time of alleged incident. As per allegation in F.I.R. 5 k.g. wet smack is said to have been recovered from the possession of the present revisionist while loading it in a Santro Car with other co-accused Chotey @ Mohammad Saheed Khan who was major with the help of other seven co-accused persons. Out of nine accused persons including the present revisionist seven co-accused persons have been released on bail by Co-ordinate Benches of this Court. One of them was released in criminal revision No. 1343 of 2023 in which all the orders passed by Co-ordinate Benches were mentioned. The case of the present revisionist is also on similar footing and being child benefit of Section 12 of the Act is to be extended to 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 18.08.2021 i.e. more than two 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.
Sri Ashish Pandey learned counsel for the Narcotics Control Bureau as well as learned A.G.A. opposed the prayer as aforesaid and urged that in this case the present revisionist was also involved in the business of drugs, therefore, he cannot be said to be entitled for the benefit of Section 12 of the J.J. Act. 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, the time delinquent remained in Child Care Home, 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 20.01.2022 and the appellate court dated 30.03.2022 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 :- 19.9.2023
Suraj Srivastav
