Allahabad High Court
X- Juvenile vs State Of U.P. And Another on 10 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:84292
Court No. - 84
Case :- CRIMINAL REVISION No. - 2091 of 2024
Revisionist :- X- Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Brijesh Singh,Sushil Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard 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 18.07.2023 passed by Juvenile Justice Board, Bareilly and order dated 18.11.2023 passed by Special Judge (POCSO Act), in Criminal Appeal No. 34 of 2023 affirming the order of J. J. Board declining bail to the juvenile in Case Crime No. 408 of 2023 under Sections 411, 413, 414 I.P.C. P.S-Baradari, District- Bareilly.
3. As per the version in the F.I.R. on the raid made by police the instant juvenile accused along with two other co-accused persons was found to have been involved in theft of motorcycles and from their possession five motorcycles have been recovered. 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 the revisionist is a 16 year old boy and has been falsely been implicated in the case as there is no independent witness of the alleged recovery. Further contention of the revisionist is that nothing material was found in the social investigation report of the District Probation Officer 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. The accused juvenile is in custody since 02.06.2023 i.e. for about a year.
5. Learned A.G.A has opposed prayer for bail and submits that accused has criminal history of three cases and that he has been indulged in criminal activities. However, most of the factual situation as mentioned above could not be refuted.
6. I went through the contents of the F.I.R., social investigation report, criminal antecedents and all other material available on record. The juvenile is aged about 16 years and there is no material observation as regard his conduct, behaviour or antecedents in the report of the D.P.O., 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 18.07.2023 passed by the J.J. Board in Case Crime No. 408 of 2023 under Sections 411, 413, 414 I.P.C. P.S-Baradari, District- Bareilly and order dated 18.11.2023, passed by the appellate court in Criminal Appeal No. 34 of 2023, are hereby set aside.
8. Let the revisionist, minor "X' through his natural guardian father Brahaspati Giri son of Sri Dharam Giri Maharaj resident of Isaeeyo Ki Puliya Panchmukhi Hanuman Mandir, P.S. Baradari District- Bareilly, be released on bail in Case Crime No. 408 of 2023 under Sections 411, 413, 414 I.P.C. P.S-Baradari, District- Bareilly upon his father furnishing a personal bond with two solvent sureties, each in the like amount to the satisfaction of the Juvenile Justice Board, Bareilly 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 District Probation Officer shall 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, Bareilly 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 :- 10.5.2024
Sumit Kumar
