Allowed

Juvenile -X v. State of U.P. and Another

Allahabad HC4 Nov 2022CRLR/1484/2022

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision, setting aside orders denying bail to a juvenile charged under IPC sections 363, 366, and 328. The court granted bail subject to bond conditions and monitoring.

What did the court decide?

Orders dated 25.01.2022 and 28.02.2022 set aside; juvenile released on bail subject to bond and conditions.

Juvenile -X Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2022)

¶1

Court No. - 91

¶2

Case :- CRIMINAL REVISION No. - 1484 of 2022

¶3

Revisionist :- Juvenile -X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mahendra Kumar Yadav,Ram Shiromani Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Jyotsna Sharma,J.

¶5

Heard Mahendra Kumar Yadav, learned counsel for the revisionist and learned A.G.A. for the State.

¶6

Perused the record.

¶7

This criminal revision has been filed challenging the order dated 25.01.2022 passed by Juvenile Justice Board, Chitrakoot and the order dated 28.02.2022 passed by Additional Sessions Judge/Special Judge (POCSO) Act, Chitrakoot in Criminal Appeal No.07 of 2022 by which the order of the Juvenile Justice Board was affirmed and bail to the juvenile was declined in a matter arising out of Case Crime No.122 of 2021, under sections- 363, 366, 328 I.P.C., Police Station- Mau, District- Chitrakoot.

¶8

As per prosecution story, an F.I.R. was lodged by mother of the victim that her daughter, aged about 14 years, was enticed away by the juvenile on 10.07.2021 at about 12:00 in the afternoon. The members of the family searched for her, but could not found the informant's daughter. After quite sometime of the incident, one Ram Naresh resident of some other place informed the police that he found a girl wandering alone on the road. He, out of bona fide intentions to help her, questioned her, but she could not tell anything. Therefore, to take care of her, he took the victim to his house. He and his wife took care of the girl like her own parents would do. After a gap of about two months, when she came to her own senses, she told them about her parents. Thereafter, the girl was recovered and the statement under section 161 Cr.P.C. was recorded, in which she said that she was mentally depressed and imbalanced. Therefore, she left her house. She was found by some person, who was driving his vehicle and took her to his house and took good care of her. In her subsequent statement recorded under section 164 Cr.P.C., she stated that the juvenile, who used to reside in her neighbourhood called her and gave him some sweet. On eating which, she became semi-conscious and was found by one Ram Naresh at 7-8 kms. away from her house. She was nicely treated

¶9

there and taken good care of and now she has come back to her own parents. This is not disputed that after investigation, a charge-sheet has been submitted under sections- 363, 366 and 328 I.P.C. There is no allegation of any kind of misbehaviour or sexual assault on her.

¶10

Learned A.G.A. has not disputed the fact that no injury external or internal of any kind was found on her person during her medical examination and that she was found aged about 15 years and the boy too has been found aged about 15 years and 8 months as mentioned in the order of the Juvenile Justice Board itself.

¶11

In the social investigation report, the socio-economic condition of the family of juvenile was found satisfactory except the fact that the juvenile lost his father and that he is now being maintained by his brother, who is a farmer. Nothing worthwhile or adverse in the behaviour or the character of the juvenile was found by the District Probation Officer.

¶12

I went through the orders of the Juvenile Justice Board as well as the appellate court. I am of the view that the impugned orders have been passed without taking into consideration the principles of law as applicable in the matters of bail to the juveniles and the bail has been declined on the single basis of the nature of the offence. In my view, there has not been any substantial material before the courts to bring the case within the exceptions as provided in proviso to Section-12(1) of the Juvenile Justice Act, 2015. It is also important to note that the juvenile is in observation home since more than a year and that he has had no criminal history. In my view, there is no probability that he came in contact with some known criminal or he may get exposed to physical, moral or psychological danger and that in case, he is released on bail, the ends of justice shall stand defeated.

¶13

In view of the above, present revision is allowed and the order dated 28.02.2022 passed by Additional Sessions Judge/Special Judge (POCSO) Act, Chitrakoot and dated 25.01.2022 passed by Juvenile Justice Board, Chitrakoot are hereby set-aside.

¶14

Let the revisionist, Minor "X", through his natural guardian/brother- "Y" , R/o Pura Dadari, District- Chitrakoot be released on bail in Case Crime No.122 of 2021, under sections- 363, 366, 328 I.P.C., Police Station- Mau, DistrictChitrakoot upon his brother furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Chitrakoot subject

¶15

to the following conditions:

¶16

(i) that the natural guardian/brother- "Y" 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;

¶17

(ii) The revisionist shall not tamper with the evidence or threaten the witnesses;

¶18

(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.

¶19

(iv) The District Probation Officer shall keep vigil on the activities of the juvenile.

¶20

Order Date :- 4.11.2022 Saif

¶21

Digitally signed by SHAIKH SAIF ABDIN Date: 2022.11.04 15:54:24 IST Reason: Location: High Court of Judicature at Allahabad

Juvenile -X v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Juvenile -X v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

X (Minor) Vs State of U.P. and 3 Others

Smt. Rajkumari @ Doli Vs State of U.P. and 2 Others

Anil Kumar Sharma Vs State of U.P. and Another

X Juvenile (Minor) Vs State of U.P. and Another

X(Minor) Vs State of U.P. and Another

X (Minor) Vs State of U.P. and 3 Others