Allahabad High Court
X- Juvenile vs State Of U.P. And 3 Others on 14 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:86688
Court No. - 84
Case :- CRIMINAL REVISION No. - 6609 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Bashisth Narain Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard Sri Bashisth Narain Pandey, learned counsel for the revisionist and Sri R.K. Gupta, learned AGA for the State and perused the record.
2. This criminal revision has been filed for setting aside the judgment and order dated 21.08.2023 passed by the Juvenile Justice Board, Basti and order dated 16.10.2023 passed by the Additional Session Judge/Special Judge, Exclusive Court, (POCSO Act), Basti in Criminal Appeal No. 38 of 2023 affirming the order of J. J. Board declining bail to the juvenile in case crime no. 95 of 2022, under Section 377 I.P.C. and 5m/6 of POCSO Act, Police Station-Nagar, District-Basti.
3. As per version in the F.I.R. lodged by father of a minor boy, his son aged 5 years was dragged in the bushes by the juvenile and was put to carnal intercourse against the order of the nature, causing him injuries; 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 he has been falsely implicated; in the social investigation report, nothing adverse was found; the impugned orders have been passed ignoring the principles of law, as applicable in the matters relating to bail to the juvenile and further ignoring the mandate of Section 12(1) of the Juvenile Justice Act, 2015; the courts below have passed the impugned orders in an arbitrary manner and have drawn conclusions without having sufficient material before them. It is also contended on behalf of the revisionist that besides ignoring the mandate of proviso of Section 12(1) of the Juvenile Justice Act, 2015 and therefore the Juvenile Justice Board as well as the appellate court fell in error in declining bail to him. The accused/juvenile is in observation home since last 2 years and therefore his studies have been severely affected.
5. Learned AGA has opposed prayer for bail.
6. I went through the material on record, including the social investigation report. In the social investigation report, nothing adverse was found. 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 21.08.2023 passed by the Juvenile Justice Board, Basti and order dated 16.10.2023 passed by the Additional Session Judge/Special Judge, Exclusive Court, (POCSO Act), Basti are hereby set aside.
8. Let the revisionist, minor "X' through his natural guardian (father) resident of Village Kothwa Bharatpur, Police Station Nagar, District Basti be released on bail 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, Basti 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;
(iv) The District Probation Officer will 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, Basti 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 :- 14.5.2024
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