Allahabad High Court
Juvenile Deliquent vs State Of U.P. And 3 Others on 24 June, 2025
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:99305
Court No. - 66
Case :- CRIMINAL REVISION No. - 1698 of 2025
Revisionist :- Juvenile Deliquent
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Gauri Shankar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present criminal revision has been filed to quash the order dated 05.02.2025 passed by Learned Additional District & Special Sessions Judge, POCSO Act-I, Gorakhpur in Criminal Appeal No.02 of 2025 and the order dated 17.12.2024 passed by the Principal Magistrate, Juvenile Justice Board, Gorakhpur arising out of Case Crime No.496 of 2024 under Section 65(1), 75(2), 115(2), 351(3), 352 of BNS and Sections 4(2) and 7/8 of POCSO Act, Police Station Gorakhnath, District Gorakhpur.
3. As per office report dated 26.05.2025, notice has not been served upon opposite party Nos. 2 and 4.
4. A counter affidavit has been by learned A.G.A., wherein it has been stated that notice of this revision has been served personally on the informant/opposite party No.2, but no one has put in appearance to oppose this revision.
5. Learned counsel for the applicant submits:
(i) admittedly, the applicant was a juvenile on the date of alleged incident being 15 years of age;
(ii) the applicant has been falsely implicated;
(iii) There are allegations against the revisionist, who is a juvenile, of committing offence of rape against the minor girl, apart from the other offences alleged in the FIR. It appears that victim has not suffered any injury indicative of commission of the alleged offence.;
(iv) there is no criminal history of the applicant;
(v) there is no hope of early conclusion of the trial;
(vi) the applicant has remained confined in the child observation home for an unduly long period of time, since 23.09.2024 and;
(vii) none of the grounds contemplated under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act) are available, to deny the bail to the applicant.
(ix) therefore, the impugned orders have been assailed as erroneous and contrary to law.
6. Learned A.G.A. for the State 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/are motivated. Also, reliance has been placed on the findings recorded in the bail rejection orders to submit that the instant revision may be dismissed.
7. It is not in dispute that the applicant 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'.
8. 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?
9. 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.
10. Thus, it remains largely undisputed that the applicant - was a juvenile on the date of occurrence; does not appear to be prone to criminal proclavity 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, in as much as the trial has not concluded within time frame contemplated by the Act. Even otherwise, there does not appear to exist any factor or circumstance mentioned in section 12 of the Act as may disentitle the applicant to grant of bail, at this stage. The father of the applicant undertakes to address the statutory concerns expressed in section 12 of the Act, as to the safety and well being of the applicant, upon his release.
11. In view of the above, it appears that the findings recorded by the learned Court below are in conflict with the settled principle in law, for the purpose of grant of bail and are erroneous and contrary to the law laid down by this court. Consequently, those orders cannot be sustained. The order dated 05.02.2025 passed by Learned Additional District & Special Sessions Judge, POCSO Act-I, Gorakhpur in Criminal Appeal No.02 of 2025 and the order dated 17.12.2024 passed by the Principal Magistrate, Juvenile Justice Board, Gorakhpur arising out of Case Crime No.496 of 2024 under Section 65(1), 75(2), 115(2), 351(3), 352 of BNS and Sections 4(2) and 7/8 of POCSO Act, Police Station Gorakhnath, District Gorakhpur are hereby set aside.
12. In view of the observations made above, the present criminal revision is allowed. Let the applicant Juvenile Delinquent S/o Manoj Kumar (Minor) involved in the aforesaid case crime be released on bail, on his furnishing personal bond with two sureties each of like amount, to the satisfaction of the court concerned with the following conditions:
(i) The applicant shall not tamper with the evidence or threaten the witnesses;
(ii) The applicant through guardian shall 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. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(iii) The applicant through guardian shall remain present before the trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial Court may proceed against him under Section 229-A of the Indian Penal Code.
13. Let the lower court record be returned to the Court below.
Order Date :- 24.6.2025
P. Pandey
