Allahabad High Court
X- Juvenile vs State Of U.P. And Another on 22 September, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:183906
Court No. - 80
Case :- CRIMINAL REVISION No. - 4396 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Indra Raj
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 25.07.2023 passed by Juvenile Court/Special Session Judge (POCSO Act), Additional Session Judge, Banda in Criminal Appeal No.12 of 2023 (Juvenile X vs. State of U.P. and another) dismissing the appeal of the revisionist as well as order dated 30.06.2023 passed by Principal Magistrate, Juvenile Justice Board, Banda in Bail Application (State vs. Juvenile X, S/o Buddh Bilas) arising out of Case Crime No.18 of 2016, under Sections 354B, 323, 504, 506 I.P.C. & Section 3(1) 11 S.C./S.T. Act, Police Station Bisanda, District Banda rejecting the bail application of the revisionist 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 15 years and was juvenile at the time of alleged incident. Further submitted that incident is said to have taken place in the year 2016 but he could not appear before the learned court below on account of his illness that was the reason N.B.W. was issued against him and he was taken into custody. It is also submitted that there is allegation of molestation with the victim against the delinquent alongwith two other co-accused persons who have already been granted bail by co-ordinate Bench of this Court in Criminal Revision No.3414 of 2017 vide order dated 13.12.2017. 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 13.04.2023 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, the other co-accused persons have already been enlarged on bail and the role of the present delinquent, 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 30.06.2023 and the appellate court dated 25.07.2023 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 :- 22.9.2023
Ashok Gupta
