Allahabad High Court
Juvenile X Thru. His Natural Guardian ... vs State Of U.P. Thru. Addl. Chief. Secy. ... on 26 June, 2025
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:36585
Court No. - 11
Case :- CRIMINAL REVISION No. - 737 of 2024
Revisionist :- Juvenile X Thru. His Natural Guardian Father Y
Opposite Party :- State Of U.P. Thru. Addl. Chief. Secy. Home, Lucknow And Another
Counsel for Revisionist :- Abhishek Patel,Balak Ram
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 29.05.2024 passed by learned Additional Session Judge/ Special Judge (POCSO Act), Ambedkar Nagar in Criminal Appeal No. 14 of 2024, as well as order dated 10.05.2024 passed by learned Juvenile Justice Board, Ambedkar Nagar. Further prayed to release the revisionist on bail in Case Crime No. 25 of 2024 under Sections 376 I.P.C. & 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station Alapur, District Ambedkar Nagar.
It is submitted by learned counsel for the revisionist that in this case the revisionist has falsely been implicated with false allegation that he inserted his private part in the mouth of the child/victim. He further submits that during medical examination nothing was found to support the allegation. There is no any other material or evidence on record to show that such act was done by the revisionist to the victim. He further submits that the revisionist is also minor and have no any criminal antecedents. He is in Jail since 12.02.2024. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 26.04.2024 and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as Appellate court and allow the criminal revision.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist, the time delinquent remained in Child Care Home, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, it appears that Juvenile Justice Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.
Accordingly, the orders passed by Juvenile Justice Board dated 10.05.2024 and the appellate court dated 29.05.2024 are, hereby, set aside and present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing person bond by the revisionist (father of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-
(i) The revisionist/ father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go 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 repeat the offence.
(ii) The revisionist/ father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.
(iii) Juvenile and the revisionist/ father will report to the Probation Officer on the first Monday of every calendar month.
(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such a periodical basis as the Juvenile Justice Board may determine.
Order Date :- 26.6.2025
Suraj Srivastav
