Allahabad High Court
Juvenile X vs State Of U.P. And 3 Others on 3 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:727
Court No. - 82
Case :- CRIMINAL REVISION No. - 5521 of 2023
Revisionist :- Juvenile X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Ajendra Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1. None has put in appearance on behalf of respondent no.2 despite service of notice.
2. Heard Sri Ajendra Kumar, learned counsel for the revisionist and learned AGA for the State and perused the record.
3. This criminal revision has been filed for setting aside the judgment and order dated 24.07.2023 passed by Principal Magistrate Juvenile Justice Board, Etah and order dated 05.10.2023 passed by Special Judge (POCSO Act)/ Additional Sessions Judge, Etah in Criminal Appeal No.46 of 2023 affirming the order of J. J. Board declining bail to the juvenile in case crime no.45 of 2023, under Sections 376, 504, 506 and 377 I.P.C. and 5L/6 POCSO Act, P.S. Kotwali Nagar, District Etah.
4. As per version of the F.I.R. lodged by the victim herself, she came in contact with the accused who used to work as a Compunder in a clinic run by a doctor and that she was seduced into having physical relationship with him and is still continuing with the same. When she protested, she and her family members were threatened for their life; she became pregnant and was made to abort the three months pregnancy by the accused and his mother by forcing her to take some tablets; on the occasion of Rakshabandhan the accused and his mother removed her golden jewellery which she was wearing and was threatened not to disclose the incident to any person. On 21.12.2022 at 7.30 P.M., the accused and his brothers abused her and her sister and also outraged their modesty.
5. On the basis of this F.I.R. case crime no.45 of 2023, under Sections 376, 504, 506 and 377 I.P.C. and 5L/6 POCSO Act was registered and finding the accused as minor, he was produced before the Board. His application for release was dismissed. The appeal filed challenging the order of the Board was also dismissed.
6. It is contended on behalf of the applicant that the alleged incident was continuing from 06.07.2014 till now, but F.I.R. has been lodged, after a gap of almost nine years on 16.01.2203. The long delay makes the allegations incredible and improbable. The story itself suffers from inherent weaknesses and improbabilities. The accused is a minor and has been deliberately roped in this case with ulterior motives. If the allegations given in the F.I.R. are taken as true, age of the accused comes out merely 14 years in the year 2014 and age of the victim comes out around 16 years. It is also pointed out that statement under Sections 161 Cr.P.C. given by the alleged victim wholly exonerated the accused. There are number of contradictions in the statements given under Section 161 Cr.P.C. and they do not match in the F.I.R. Moreover the board as well as appellate court did not consider provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in right perspective and dismissed bail application of the accused without having any material to draw the conclusions bringing the case within three exceptions given in proviso to Section 12 of the J. J. Act, 2015.
7. Learned AGA has opposed prayer for bail. However, most of the factual grounds taken by the revisionist could not be refuted.
8. I went through all the material on record including bail rejection order passed by Juvenile Justice Board. This is settled law that ordinarily merits of the case may not assume significance where matter of bail to a juvenile is to be considered under the provisions of J.J.Act. It appears that the board without any substantive material, has given opinion that in fact there is probability of his having been exposed to physical moral, psychological danger or that release may defeat ends of justice and has dismissed the bail application.The appellate court appears to have agreed with the opinion of the board. In this case minor was found aged about 14 years and the alleged victim was about 16 years. The juvenile is in custody since 09.03.2023 that is more than nine months now.
In my view, the matter does not fall within three exceptional clauses as provided under Section 12 of the Act, 2015. It is settled law that whenever a minor, who is alleged to have committed an offence, is apprehended and produced before the board, he shall be released on bail unless the release is likely to bring him in association with any known criminal or there is likelihood of exposure to moral or psychological danger or that such release would not defeat ends of justice.
9. In view of the above, especially, in view of the period of incarceration already undergone, the revision is allowed. The judgment and order dated 24.07.2023 passed by Principal Magistrate Juvenile Justice Board, Etah and order dated 05.10.2023 passed by Special Judge (POCSO Act)/ Additional Sessions Judge, Etah are hereby set aside.
10. Let the revisionist, minor "X' through his natural guardian/mother Smt. Z, resident of Mohalla-Ashok Nagar Nidhauli Road,Kotwali Nagar, Etah, be released on bail in case crime no.45 of 2023, under Sections 376, 504, 506 and 377 I.P.C. and 5L/6 POCSO Act, P.S. Kotwali Nagar, District Etah upon his mother Smt. Z furnishing a personal bond with two solvent sureties, each in the like amount to the satisfaction of the Juvenile Justice Board, Etah subject to the following conditions:
(i) that the natural guardian/mother Smt.Z will furnish an undertaking that upon release on bail the juvenile will not be permitted to come 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 indulge in any criminal activity;
(ii) The revisionist shall not tamper with the evidence or threaten the witnesses;
11. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court/J.J.Board shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.
Order Date :- 3.1.2024
Asha
