Allahabad High Court
Juvenile- X vs State Of U.P. And 3 Others on 3 June, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:101040
Court No. - 83
Case :- CRIMINAL REVISION No. - 1281 of 2024
Revisionist :- Juvenile- X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Akanksha Dubey,Dharmendra Dhar Dubey,Mahima Dwivedi
Counsel for Opposite Party :- G.A., Sharda Vishwakarma
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Dharmendra Dhar Dubey, learned counsel for the revisionist, Ms. Sharda Vishwakarma, learned counsel for the opposite party no.2, Sri Pushpendra Singh Jadon, learned A.G.A for the State and perused the record.
2. The instant revision has been filed for quashing the impugned judgement and orders dated 23.02.2024 passed by Special Judge, (POCSO Act), Azamgarh in Criminal Appeal No.11 of 2024 and the order dated 01.12.2023 passed by Principal Magistrate, Juvenile Justice Board, Azamgarh in Misc. Case No.227 of 2023, under Sections 376, 354K, 506 IPC and 3/4 Protection of Children from Sexual Offences Act and 67B I.T. Act, Police Station - Mahrajganj, District Azamgarh.
3. Pleadings have been exchanged, therefore, the present revision is being disposed of finally.
4. Contention of learned counsel for the revisionist is that the revisionist has been declared minor by the Juvenile Justice Board and his bail was rejected on the ground that if he is released on bail, he may come into contact with known criminal or expose him to moral, physical or psychological danger though as per report dated 23.11.2023 of the District Probation Officer, the revisionist was having love affairs with the victim and though the applicant has no criminal antecedent but needs to teach social and moral value.
5. In support of his contention, learned counsel for the revisionist has relied upon the judgment of this Court in the case of Rahul Patel (Minor) vs State of U.P. and another in Criminal Revision No.945 of 2017 in which Co-ordinate Bench of this Court observed that there must be the valid material evidence to believe that delinquent juvenile, if release on bail, is likely to come into contact with criminal or expose him to moral, physical or psychological danger.
6. Per contra, learned counsel for the opposite party no.2 as well as learned AGA for the State have submitted that crime committed by the revisionist is heinous in nature and he has been physical harassed the victim girl, hence the revisionist is not entitled to be released on bail.
7. Considering the submissions of learned counsel for the parties and perusal of record, it appears that the applicant is student of BBA (3 years) of an institute at Thane, Mumbai and belongs to a middle class family. He has no criminal antecedent and there is no material to show that if he releases on bail, he may likely to come into contact with known criminal or it may harmful or expose him to moral, physical or psychological danger. While passing the impugned order, both the courts below failed to consider the report of District Probation Officer which has specifically mentioned that both the revisionist and the victim were having love affairs and there is no specific material or evidence that delinquent juvenile, if release on bail, may likely to come into contact with criminal or expose him to moral, physical or psychological danger. It cannot be said that his release would defeat the ends of justice.
8. In view of above, the revision is allowed. The impugned orders dated 23.02.2024 passed by Special Judge, (POCSO Act), Azamgarh in Criminal Appeal No.11 of 2024 and the order dated 01.12.2023 passed by Principal Magistrate, Juvenile Justice Board, Azamgarh in Misc. Case No.227 of 2023, under Sections 376, 354K, 506 IPC and 3/4 Protection of Children from Sexual Offences Act and 67B I.T. Act, Police Station - Mahrajganj, District Azamgarh are hereby quashed.
9. Let the revisionist- Juvenile-X be released on bail during the pendency of trial on furnishing a personal bond by father of revisionist and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board with the following conditions:
(i) The father of the revisionist will undertake to produce the applicant whenever his presence is required before the Juvenile Justice Board and;
(ii) District Probation Officer will observe his conduct during the proceeding before the Juvenile Justice Board.
(iii) Revisionist will not threaten the victim or any other witness.
(iv) Any other condition which the Juvenile Board may impose for the presence and welfare of revisionist.
Order Date :- 3.6.2024
A.Kr.
