Small bench allowed a criminal revision appealing bail rejection for a juvenile accused of sexual assault under IPC 376. The court set aside OMs of JJB and SGT dismissing bail. Bail was allowed with conditions.
Revision allowed; impugned orders set aside; juvenile released on bail via father and sureties with 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. - 3591 of 2021
Revisionist :- "X " (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A.,Arvind Prabodh Dubey
Hon'ble Mrs. Jyotsna Sharma,J.
Order on Criminal Misc. (Amendment) Application No.01 of 2022
Heard Sri Sanjeev Kumar Singh, learned counsel for the applicantrevisionist.
Amendment application has been moved with the prayer to amend the title of the revision deleting the name of the juvenile and representing him with alphabet "X" minor.
Sufficient ground is shown in the affidavit filed in support of the amendment application.
The amendment application is allowed.
Let amendment be carried out immediately.
Concerned Section of the registry is directed to correct the cause list and the data on Website accordingly after amendment.
Order on Criminal Revision
incident to juvenile's grand mother; however, his relatives and Rehana were declining to solemnize the marriage between the two; she was medically examined; no external or internal injuries were found on her person; no spermatozoa was found in the vaginal slides. She narrated the same version in her statement under Section 164 Cr.P.C..
(i) that the natural guardian/father Mohd. Aurangjeb @ Juganu 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;
(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;
(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, Gorakhpur on such periodical basis as the Juvenile Justice Board may determine.
Order Date :- 5.12.2022
Asha
Digitally signed by ASHA Date: 2022.12.06 14:14:45 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the impugned orders declining bail to the juvenile were sustainable considering the total picture of the case.
Whether the restrictive proviso of Section 12(1) of the Juvenile Justice Act, 2015 was correctly applied to the facts.
Whether the juvenile should be released on bail with sureties and undertaking.
3 provisions across 2 enactments
X
State of U.P.
Mohd. Aurangjeb @ Juganu
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
