Allahabad High Court
Juvenile -X vs State Of U.P. And 3 Others on 2 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2024:AHC:33
Court No. - 82
Case :- CRIMINAL REVISION No. - 5015 of 2023
Revisionist :- Juvenile -X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Santosh Kumar Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard Sri Krishna Kant Dubey, Advocate holding brief of Sri Santosh Kumar Dubey, learned counsel for the revisionist and learned AGA for the State and perused the record.
2. This criminal revision has been filed for setting aside the judgment and order dated 30.06.2023 passed by Principal Magistrate Juvenile Justice Board,Ghaziabad and order dated 29.08.2023 passed by Special Judge (POCSO Act)/ Additional Sessions Judge, Ghaziabad in Criminal Appeal No.118 of 2023 affirming the order of J. J. Board declining bail to the juvenile in case crime no.1488 of 2022, under Sections 376, 323 and 363 I.P.C. and 3/4 POCSO Act, P.S.Loni, District Ghaziabad.
3. As per version in the F.I.R. lodged by father of the alleged minor victim, the accused enticed away his daughter aged about 14 years from his house at about 1.30 in the night of 14.12.2022; the girl returned on his own and disclosed the incident to his father. During investigation statements of the victim girl were taken; her medical examination was done and the accused was produced before the juvenile board. District Probation Officer prepared the social investigation report and submitted the same.
4. Contention of the applicant is that juvenile justice board passed the order in a routine and mechanical manner without giving importance to the legal position which obliged the court to grant bail unless the matter fell within the three clauses as provided under Section 12 of the Juvenile Justice Care and Protection Act,2015 (hereinafter referred to the Act, 2015). It is argued that in a matter of bail to juvenile under Section 12 of the Act, 2015 merit of the allegations should not be a ground for rejection of bail. However, Juvenile Justice Board as well as appellate court dismissed the bail application without taking into consideration the correct position of law.
5. Prayer for bail of the revisionist is opposed by learned A.G.A. arguing that it is matter where a minor girl was sexually assaulted. Therefore, it shall not be appropriate to release the revisionist on bail.
6. I went through all the material on record including bail rejection order passed by Juvenile Justice Board. 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 17 years and four months and the alleged victim was about 14 years. The medical examination does not show any kind of injury. The revisionist has pointed out a number of discrepancies between the statements given under Sections 161 Cr.P.C. and 164 Cr.P.C. and the statement given by her at the time of her medical examination. The juvenile is in custody since 18.l2.2022 that is more than a year now.
I also went through social investigation report. 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.
7. In view of the above, especially, in view of the period of incarceration already undergone, the revision is allowed. The judgment and order dated dated 30.06.2023 passed by Principal Magistrate Juvenile Justice Board,Ghaziabad and order dated 29.08.2023 passed by Special Judge (POCSO Act)/ Additional Sessions Judge, Ghaziabad are hereby set aside.
8. Let the revisionist, minor "X' through his natural guardian/father Anees, resident of Ashok Vihar Loni, P.S. Loni, Ghaziabad, be released on bail in case crime no.1488 of 2022, under Sections 376, 323 and 363 I.P.C. and 3/4 POCSO Act, P.S.Loni, District Ghaziabad, upon his father Anees furnishing a personal bond with two solvent sureties, each in the like amount to the satisfaction of the Juvenile Justice Board, Ghaziabad subject to the following conditions:
(i) that the natural guardian/father Anees 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 father 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;
(iii) The revisionist through guardian shall also file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court;
(iv) The District Probation Officer will keep strict vigil on the activities of the revisionist and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Ghaziabad on such periodical basis as the Juvenile Justice Board may determine.
9. 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 :- 2.1.2024
Asha
