Allahabad High Court
X vs State Of U.P. And Another on 21 September, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:183207
Court No. - 80
Case :- CRIMINAL REVISION No. - 2098 of 2023
Revisionist :- X
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Dhiraj Kumar Pandey
Counsel for Opposite Party :- G.A.,Vikas Chauhan
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 father with a prayer to allow this revision and set aside the judgment and order dated 01.02.2023 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act),Saharanpur in Criminal Appeal No. 88 of 2022 as well as order dated07.11.2022 passed by Juvenile Justice Board, Saharanpur. Further prayed to release the revisionist on bail in Case Crime No. 268 of 2022 under Section 302 I.P.C. and 3(2) 5 SC/ST Act, Police Station Gangalhedi, District Saharanpur.
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 he was named in F.I.R. with other three co-accused persons out of which two were exonerated during investigation and other co-accused Himanshu Kumar has already been granted bail by Co-ordinate Bench of this Court in criminal appeal No. 353 of 2023 by order dated 17.05.2023. It is further submitted that the injured/ eye-witness has already been examined before the learned trial court as P.W. 3 Vishal Kumar who has not supported the prosecution version and declared to be hostile and also during the course of cross-examination by learned Prosecutor he told that some unknown vehicle collided the deceased, as a result he died but this revisionist did not cause injuries to him. In this way, he is innocent even though this fact was not considered by the learned J.J. Board as well as learned appellate court. 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 12.07.2022 i.e. more than one year 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. 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 dated07.11.2022 and the appellate court dated 01.02.2023 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 ( 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 :- 21.9.2023
Suraj Srivastav
