Allahabad High Court
Minor X vs State Of Up 3 Others on 8 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:83044
Court No. - 84
Case :- CRIMINAL REVISION No. - 306 of 2024
Revisionist :- Minor X
Opposite Party :- State Of Up 3 Others
Counsel for Revisionist :- Suneel Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard Sri Suneel Kumar Yadav, learned counsel for the revisionist and learned A.G.A. for the State.
2. This criminal revision has been filed for setting aside the judgment and order dated 11.10.2023 passed by Juvenile Justice Board and order dated 14.12.2023 passed by Special Judge (POCSO Act) Azamgarh, in Criminal Appeal No. 85 of 2023 affirming the order of J. J. Board declining bail to the juvenile in Case Crime No. 0063 of 2023 under Sections 376, 506 I.P.C. and section 3(1) Da, 3(1) Dha, 3(2)5, SC/ST Act, P.S.- Mubarakpur, District- Azamgarh
3. As per the version in the F.I.R. the revisionist used to have conversations with the sister of the first informant since five years before her marriage to one Ajay Sonkar. After her marriage, he began pressurizing her to talk to him and started sending her photos on whatsapp. He also started giving threats to her life. During investigation statements of the victim under sections 161 and 164 Cr.P.C. were recorded. She was put to medical examination. Finding the accused involved in the matter below 18 years of age, he was produced before the J.J. Board. The application moved on his behalf for his release into care and custody of his father/mother was rejected. The appeal preferred challenging the order of the J.J. Board was also dismissed declining him bail. Now, the juvenile, through his father/mother is before this court in this criminal revision.
4. It is contended on behalf of the revisionist that he has been falsely implicated in the case. The victim is a married lady aged about 26 years and the boy is aged about 12 years 5 months on the date of incident and was studying in class 5th at that time. He has been falsely implicated for ulterior motives. From her statements, no offence against a 12 year old boy is made out. Further contention of the revisionist is that nothing material was found in the social investigation report so as to dissuade the J.J. Board and the appellate court from granting him bail. It is argued that the J.J. Board as well as the appellate court have conveniently ignored the settled principles of law while declining him bail. In fact bail to the juvenile has been refused on the basis of the inferences drawn without having any material to substantiate them therefore, such orders are unsustainable in law.
5. Learned A.G.A has opposed prayer for bail. However, most of the factual situation as mentioned above could not be refuted.
6. I went through the contents of the F.I.R., statements given by the victim under sections 161/164 Cr.P.C. and the social investigation report. The juvenile is a school going boy and there is no material observation as regard his conduct, behaviour or antecedents which may have counted with the court or the J.J. Board to bring the matter of grant of bail within the three exceptional circumstances as provided in proviso to section 12 of the J.J. Act, 2015. In fact, there is no material which, in my view, could have dissuaded the court or the J.J. Board from granting bail or release to his parents. The settled law is 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 defeat ends of justice.
7. In view of the above, the revision is allowed and the order dated 11.10.2023 passed by the J.J. Board in Case Crime No. 0063 of 2023 under Sections 376, 506 I.P.C. and section 3(1) Da, 3(1) Dha, 3(2)5, SC/ST Act, P.S.- Mubarakpur, District- Azamgarh and order dated 14.12.2023 passed by the appellate court in Criminal Appeal No. 85 of 2023, are hereby set aside.
8. Let the revisionist, minor "X' through his natural guardian father/mother 'Y' resident of village Katara (Baluwa),P.S. Mubarakpur, District- Azamgarh be released on bail in Case Crime No. 0063 of 2023 under Sections 376, 506 I.P.C. and section 3(1) Da, 3(1) Dha, 3(2)5, SC/ST Act, P.S.- Mubarakpur, District- Azamgarh upon his father/mother furnishing a personal bond with two solvent sureties, each in the like amount to the satisfaction of the Juvenile Justice Board, Azamgarh subject to the following conditions:
(i) that the natural guardian father/mother 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/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;
(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;
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 :- 8.5.2024
Sumit Kumar
