The High Court allowed the revision against declining bail to a juvenile minor. The Court found that the modification of observance of provisions of the Act in the Juvenile Justice Board order was not supported by material.
The Minor was released on bail on father furnishing personal bond with two solvent sureties subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 91
Case :- CRIMINAL REVISION No. - 3200 of 2022
Revisionist :- X Minor (Juvenile ) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pushpendra Kumar Yadav,Vidya Kant Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
Crime No.45 of 2022, under sections- 60(2), 60/63 of U.P. Excise Act and sections- 269, 272, 419, 420, 120B I.P.C. and sections- 63/65 of Copy Right Act, Police Station- Sakaldiha, District- Chandauli upon his father furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Chandauli subject to the following conditions:
(i) that the natural guardian/father- "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;
(ii) The revisionist shall not tamper with the evidence or threaten the witnesses;
(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;
Order Date :- 3.11.2022 Saif
Digitally signed by SHAIKH SAIF ABDIN Date: 2022.11.03 17:25:46 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail to a juvenile charged with offences under the U.P. Excise Act and IPC should be granted when the Social Investigation Report is positive and no nexus with adult co-accused is shown.
Whether the High Court can interfere with the bail order of the Juvenile Justice Board and Special POCSO Court when the exceptional conditions are not supported by material.
Whether family custody is preferable to institutional custody for a tender juvenile.
1 provisions across 1 enactments
X Minor (Juvenile)
State of U.P.
Jyotsna Sharma
As recorded by the court registry
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