Allowed

Juvenile X v. State of U.P. and 3 Others

Allahabad HC25 Nov 2022CRLR/1556/2022

Case brief

AI extract

What is this about?

In this criminal revision, the Allahabad High Court set aside the bail rejection orders by the Juvenile Justice Board and Special Judge regarding a juvenile accused under POCSO and Section 377 IPC. The court held that lower courts failed to discuss material grounds for denying bail and remanded the juvenile on bail with conditions.

What did the court decide?

The revision was allowed, and the impugned judgment and order were set aside; the petitioners were granted bail with a personal bond from the father and two solvent sureties, subject to conditions reg

Juvenile X Vs State of U.P. and 3 Others — Allahabad HC (2022) — LawSathi Research

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Court No. - 91

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Case :- CRIMINAL REVISION No. - 1556 of 2022

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Revisionist :- Juvenile X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ram Bali Ram Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Ram Bali Ram, learned counsel for the revisionist and Sri O.P. Mishra, learned AGA for the State and perused the record.

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This criminal revision has been filed for setting aside the judgment and order dated 04.02.2022 passed by Principal Magistrate Juvenile Justice Board, Ghazipur and order dated 14.02.2022 passed by Special Judge (POCSO Act)-01, Ghazipur in Criminal Appeal No.07 of 2022 affirming the order of J. J. Board declining bail to the juvenile in case crime no.268 of 2021, under Section 377 I.P.C. and 5 (Da)/6 of POCSO Act, P.S. Gahmar, District Ghazipur.

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As per prosecution case, the victim, a boy aged about six years, was put to unnatural sexual assault by the juvenile in the evening of 12.12.2021 after enticing him away to a secluded place. An F.I.R. was lodged by his mother. The victim was medically examined. A lenear abrasion was found over anterior part of his anus.

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Finding the accused as juvenile the matter was brought before the J.J. Board where his age was determined as above 16 and below 18 years. His application for bail was dismissed by J.J.Board on 04.02.2022 and the appeal preferred against that order also came to be dismissed by children court on 14.02.2022. Now the juvenile through his father is before this Court in this criminal revision.

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It is contended on behalf of the revisionist that besides ignoring broader principles of law applicable in the matters of bail to the juvenile and ignoring the mandate of Section 12 (1) of J.J. Act, report of District Probation Officer, which discloses nothing negative against the release of the juvenile and the fact that the juvenile has had no criminal history were also ignored. This fact is also ignored that alleged offence did not come within the definition of heinous offence as defined in J.J. Act, 2015. It is also contended that the juvenile is in detention since 15.12.2021 and that his continued detention in the observation

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home shall not contribute his mental and physical health.

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06. Learned AGA has opposed prayer for bail.

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I went through the order of the J.J.Board. It appears that J. J. Board declined bail to the juvenile only on the basis of nature of the allegations. No material has been discussed by the J.J.Board which could find mention as sufficient ground for declining him bail. I went through the order of the appellate court. It appears that the appellate court concurred with the inference drawn by the J.J.Board. The appellate court was of the view that in case he is released, he may come in association with "any criminal" and that he may be exposed to moral, physical or psychological danger and that his release may defeat ends of justice. I cannot but observe that such findings have been given without having any material before the court to substantiate the grounds. In my view, there is no material to suggest that in case he is released on bail, the ends of justice shall be defeated. Further there is no material to suggest that he may associate with persons of criminal antecedents or that he may be put to moral, physical or psychological danger.

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In view of the above, especially, in view of the period of incarceration already undergone, the revision is allowed. The judgment and order dated 04.02.2022 passed by Principal Magistrate Juvenile Justice Board, Ghazipur and order dated 14.02.2022 passed by Special Judge (POCSO Act)-01, Ghazipur are hereby set aside.

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Let the revisionist, minor "X' through his natural guardian/father Sahatu Ram, resident of Karhiyan, P.S. Gahmar, District Ghazipur, be released on bail in case crime no.268 of 2021, under Section 377 I.P.C. and 5 (Da)/6 of POCSO Act, P.S. Gahmar, District Ghazipur upon his father Sahatu Ram furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Ghazipur subject to the following conditions:

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(i) that the natural guardian/father Sri Sahatu Ram 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;

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

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(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;

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(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, Ghazipur on such periodical basis as the Juvenile Justice Board may determine.

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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.

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Order Date :- 25.11.2022

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Asha

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Digitally signed by ASHA Date: 2022.11.30 08:43:17 IST Reason: Location: High Court of Judicature at Allahabad

Juvenile X v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Juvenile X v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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