Allahabad High Court
Xyz Of Case Crime No. 184 Of 2023 vs State Of U.P. Thru. Addl. Chief Secy. ... on 10 May, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:36344
Court No. - 15
Case :- CRIMINAL REVISION No. - 308 of 2024
Revisionist :- Xyz Of Case Crime No. 184 Of 2023
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another
Counsel for Revisionist :- Veerendra Yadav,Chandra Bhushan Pandey,Chandra Shekhar Singh Yadav,Puneet Kumar Tiwari,Vinay Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present criminal revision has been filed to quash the judgment and order dated 06.10.2023 passed by the Juvenile Justice Board, Mohaan Road, Lucknow in Misc. Case No.323/2023 and order dated 19.12.2023 passed by Additional Session Judge, Special Judge (POCSO Act) Court No.2, Lucknow in Criminal Appeal No.307 of 2023.
In the FIR it is alleged that minor daughter of the informant aged about 15 years has been administered narcotics medicines by the accused persons and has been gang raped. The incident has taken place near Waris Clinic, Jankipuram Extension Sector 3. Phones of the accused persons have been recovered from the spot. A video of the incident has been made by the accused persons and they have also given money to the victim. It is further alleged that the incident has taken place 15 days ago and for the last 15 days she has been gang raped on the pretext of making her video viral. The brother of the victim has found her in intoxicated and unconscious in the clinic.
Learned counsel for the revisionist submits that revisionist was 12 years and 2 months old at the time of incident whereas the victim as per the school record was 15 years old. No radio-logical examination of the victim has been conducted. Statement of the victim under Sections 161 & 164 Cr.p.C. are at variance. There is no corroborative medical injury on the private part of the victim although as per the prosecution case she has been gang raped for fifteen days. Prosecution story is nothing but a bundle of lies. The District Probation Officer in its report has not given any adverse opinion against the revisionist. Revisionist is in custody since 04.08.2023.
Learned A.G.A. vehemently opposed the present criminal revision. It is submitted, the incident reported is true and it is wrong to say that the allegations made against the applicant are false, and motivated. Also, reliance has been placed on the findings recorded in the bail rejection orders to submit that the instant revision may be dismissed.
It is not in dispute that the revisionist is a juvenile and is entitled to the benefits of the provisions of the Act. Under Section 12 of the Act, the prayer for bail of a juvenile may be rejected 'if there appear reasonable grounds for believing that the release of the juvenile is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice'.
The court has to see whether the opinion of the learned appellate Court as well as Juvenile Justice Board recorded in the impugned judgment and orders are in consonance with the provision of the Act. Section 12 of the Act lays down three contingencies in which bail may be refused to a juvenile offender. These are:-
(i) if the release is likely to bring him into association with any known criminal, or
(ii) expose him to moral, physical or psychological danger, or
(iii) that his release would defeat the ends of justice?
Gravity of the offence has not been mentioned as a ground to reject the bail. It is not a relevant factor while considering to grant bail to the juvenile. It has been so held by this Court in Shiv Kumar alias Sadhu Vs. State of U.P. 2010 (68) ACC 616(LB). It has been consistently followed in subsequent decisions of this court.
Thus, it remains largely undisputed that the revisionist was a juvenile on the date of occurrence; does not appear to be prone to criminal proclivity or criminal psychology, in light of the observations of the D.P.O; does not have a criminal history; has been in confinement for an unduly long period of time. Even otherwise, there does not appear to exist any factor or circumstance mentioned in section 12 of the Act as may dis-entitle the applicant to grant of bail, at this stage. The revisionist undertakes to address the statutory concerns expressed in section 12 of the Act, as to the safety and well being of the revisionist, upon his release.
Having considered the submission made by the parties and taking into consideration the impugned judgment and order and the report of the District Probation Officer as also the legal proposition in reference to Section 12 as also Section 3(i)(iv)(v) and (xiv) of the Juvenile Justice (Care and Protection of Children) Act, 2015, I am of the considered view that the learned lower court has committed material irregularity in arriving at the conclusion that the release of the revisionist on bail will defeat the ends of justice and there is possibility that the revisionist may fall in danger physically, morally and psychologically, if released on bail.
In view of the observations made above, the present criminal revision is allowed.
The judgment and order dated 06.10.2023 passed by the Juvenile Justice Board, Mohaan Road, Lucknow in Misc. Case No.323/2023 and order dated 19.12.2023 passed by Additional Session Judge, Special Judge (POCSO Act) Court No.2, Lucknow in Criminal Appeal No.307 of 2023, are set aside and the revisionist is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Mohaan Road, Lucknow subject to the condition that parent of the revisionist will take care of his education and betterment and will not allow to indulge him in any criminal activity and will keep constant check on his activities. Both the sureties are directed to be close relatives of the revisionist juvenile.
Order Date :- 10.5.2024
Saurabh Yadav/-
