Allowed

Mr. X Minor v. State of U.P. and Another

Allahabad HC18 Nov 2022CRLR/2713/2022

Case brief

AI extract

What is this about?

High Court allowed criminal revision, setting aside orders denying bail to a juvenile (aged 17) under cow slaughter and cruelty charges. Bench held co-accused were granted bail and juvenile had no criminal history.

What did the court decide?

Revision allowed; impugn orders set aside; juvenile released on bail with personal bond, two sureties, and compliance with specific conditions including supervision by Probation Officer.

Mr. X Minor Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 91

¶2

Case :- CRIMINAL REVISION No. - 2713 of 2022

¶3

Revisionist :- Mr. X Minor Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Jyotsna Sharma,J.

¶5

Heard Sri J. P. Yadav holding brief of Sri Ravindra Prakash Srivastava, learned counsel for the revisionist and Sri O. P. Misra, learned AGA for the State and perused the record.

¶6

This criminal revision has been filed for setting aside the judgment and order dated 12.04.2022 passed by Principal Magistrate Juvenile Justice Board, Basti and order dated 17.05.2022 passed by Special Judge (POCSO Act)/ Additional Sessions Judge, Basti in Criminal Appeal No.15 of 2022 affirming the order of J. J. Board declining bail to the juvenile in case crime no.28 of 2022, under Section 3/5A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, P.S. Purani Basti, District Basti.

¶7

As per prosecution case, three persons namely Dharmendra Gupta and Irfan Ansari and the present revisionist-juvenile were intercepted by the police on the basis of some confidential information received disclosing that some cows are being transported for purpose of illegal slaughtering. They were found carrying cattle of cow progeny in a pick-up which was being driven by one Dharmendra Gupta and owned by Istayak Ansari. Two of them the driver and the present juvenile were arrested on the spot. However, owner of the vehicle managed to escape. An F.I.R. was lodged by the In-charge, Hadiya, Purani Basti, Basti and case crime no. 28 of 2022, under Section 3/5A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act was registered and investigated upon. All the three persons were chargesheeted.

¶8

Finding one of the accused as the juvenile matter was brought before the J. J.Board. The application of the juvenile

¶9

for release on bail was dismissed by the J.J.Board on 12.04.2022. The appeal preferred on his behalf also came to be dismissed. Age determination enquiry was conducted. The juvenile was adjudged aged 17 years on the date of occurrence.

¶10

It is contended on behalf of the revisionist that besides ignoring broader principles of law as applicable in the matters of bail to the juvenile and mandate of Section 12 (1) of the J.J.Act, 2015 the J.J. Board as well as appellate court did not take into consideration the fact that in fact no offence under the provisions of Section 3/5A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act is made out and that the juvenile had no criminal history; D.P.O. report did not mention any fact adverse to his release. It is also contended that rest of the two accused namely Dharmendra Gupta and Istayak Ansari, who were found allegedly involved in the offence and were chargesheeted, have already been granted bail by another Benches of this Court vide orders dated 30.03.2022 and 13.04.2022 passed in Criminal Misc.Bail Applications No.10482 of 2022 and 10356 of 2022 respectively and that the present revisionist is in observation home since 21.01.2022 just for the reason that he is juvenile.

¶11

Learned AGA has opposed prayer for bail but could not dispute the aforesaid facts.

¶12

I went through the order of J.J.Board. It appears that the bail application was dismissed on a very superficial perusal of the social investigation report and further on the basis of nature of the allegations only.

¶13

I also perused the impugned order passed by the appellate court. The appellate court was of the view that in case the juvenile is released in the custody of his family, he will fall in the same company in which he was till yet and drew conclusion that he will be exposed moral, physical or psychological danger.

¶14

These facts are not disputed that the juvenile has had no criminal history; the District Probation Officer did not find any criminal tendency in him and observed that he needed to be given proper education.

¶15

This juvenile has been of seventeen years of age on the date of the incident; he had no previous criminal history; 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.

¶16

In view of the above, especially, in view of the period of incarceration already undergone and the fact that two coaccused have already been granted, the revision is allowed. The judgment and order dated 12.04.2022 passed by Principal Magistrate Juvenile Justice Board, Basti and order dated 17.05.2022 passed by Special Judge (POCSO Act)/ Additional Sessions Judge, Basti are hereby set aside.

¶17

Let the revisionist, minor "X' through his natural guardian/mother Smt. Jainab Nesha, resident of village Jabahi Narendra Tarya Sujan, District Kushinagar be released on bail in Case Crime No.28 of 2022, under Section 3/5A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, P.S. Purani Basti, District Basti upon his mother Smt. Jainab Neshafurnishing a personal bond with two solvent sureties of her relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Basti subject to the following conditions:

¶18

(i) that the natural guardian/mother Smt. Jainab Nesha 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 mother will ensure that the juvenile will not indulge in any criminal activity;

¶19

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

¶20

(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;

¶21

(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.

¶22

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.

¶23

Order Date :- 18.11.2022 Asha

¶24

Digitally signed by ASHA Date: 2022.11.18 16:22:47 IST Reason: Location: High Court of Judicature at Allahabad

Mr. X Minor v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mr. X Minor 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

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

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

Ramanand Nishad Vs State of U.P. and Another

Virendra @ Virendra Singh Vs State of U.P. and Another

Munneelal and 34 Others Vs State of U.P. and Another

Minor X Vs State of U.P. and Another