Allahabad High Court
X- Juvenile vs State Of Up And 3 Others on 8 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:83058
Court No. - 84
Case :- CRIMINAL REVISION No. - 193 of 2024
Revisionist :- X- Juvenile
Opposite Party :- State Of Up And 3 Others
Counsel for Revisionist :- Awaneesha Kumar,Lakshmi Kant Singh,Narendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard Sri Narendra Singh, 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 02.11.2023 passed by the Juvenile Justice Board, Gorakhpur and order dated 06.12.2023 passed by the Additional District and Special Sessions Judge, (POCSO Act) 1st, Gorakhpur in Criminal Appeal No. 186 of 2023 affirming the order of J. J. Board declining bail to the juvenile in case crime no. 607 of 2023, under Sections 366, 376 I.P.C., Police Station-Badhalganj, District- Gorakhpur.
3. As per version in the F.I.R. lodged by mother of the minor girl alleging that on 06.08.2023 at about 15.00 hours her daughter aged 17 years was enticed away by the revisionist; the first informant went in search of her but she couldn't find her; on 09.08.2023, an FIR case crime no. 607 of 2023 was lodged; finding involvement of the juvenile in the matter, he has been apprehended and finding him below 18 years, he was produced before the Juvenile Justice Board; his application for release has been dismissed; the appeal filed challenging the aforesaid order has also been dismissed; now the juvenile, through his father is before this court in this criminal revision.
4. It is contended by the learned counsel for the revisionist that no offence against him is made out as the statements given by the victim, fully exonerated him. In her statement under section 161 Cr.P.C. stated that she voluntarily left her house because she was annoyed from her family; the accused was found aged about 17 years and 10 months, showing that both of them belonged to same age group and that in such circumstances, no criminal intent can be attributed to the act, even if there is some substance in the allegations and therefore the Juvenile Justice Board as well as the appellate court fell in error in declining bail to him.
5. Learned AGA has opposed prayer for bail.
6. I went through the material on record, including the statements given by the alleged victim. Both the girl as well as the juvenile were in the same age group and that the victim said that she accompanied the accused out of her own free will and volition because she was annoyed from her family. The J.J.Board has declined bail on the basis of the observations that in case he is released, there is possibility that he will be exposed to moral, physical or psychological danger and that he may come in association with some known criminal and that his release would defeat ends of justice. Learned appellate court seems to have agreed with this observation. In none of the orders any material has been mentioned on the basis whereof such observations were made bringing the matter within the three exclusionary clauses as provided in proviso to Section 12 of the J.J.Act. 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 defeat ends of justice.
7. In view of the above, the revision is allowed. The judgment and order dated 02.11.2023 passed by the Juvenile Justice Board, Gorakhpur and order dated 06.12.2023 passed by the Additional District and Special Sessions Judge, (POCSO Act) 1st, Gorakhpur, are hereby set aside.
8. Let the revisionist, 'X- Juvenile' through his natural guardian (father) resident of Village-Baderiya, Police Station Belipar, District Gorakhpur be released on bail upon his father furnishing a personal bond with two solvent sureties, each in the like amount to the satisfaction of the Juvenile Justice Board, Gorakhpur subject to the following conditions:
(i) that the natural guardian (father) 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;
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
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