Allowed

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

Allahabad HC29 Nov 2022CRLR/3737/2021

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the criminal revision and set aside lower court orders refusing bail to a juvenile. The Court found no substantive material to confine the case under the proviso to Section 12(1) of the JJ Act. Bail was granted subject to sureties and undertakings regarding association and conduct.

What did the court decide?

The impugned orders declining bail are set aside. The juvenile is released on bail upon father furnishing a personal bond with two sureties of relatives and submitting undertakings regarding conduct a

X Minor Vs State of U.P. and Another — Child Custody and Guardianship | Allahabad HC (2022)

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Court No. - 91

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Case :- CRIMINAL REVISION No. - 3737 of 2021

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Revisionist :- Minor 'X' Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Udai Prakash Deo Pandey Counsel for Opposite Party :- G.A.,Saurabh Tripathi

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Hon'ble Mrs. Jyotsna Sharma,J.

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Order on Criminal Misc. (Amendment) Application No.07 of 2022

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Heard Sri Udai Prakash Deo Pandey,learned counsel for the revisionist and Sri Saurabh Tripathi, learned counsel for the respondent no.2 and Sri O.P.Mishra, learned A.G.A. for the State-respondent no.1.

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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.

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Sufficient ground is shown in the affidavit filed in support of the amendment application.

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The amendment application is allowed.

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Let amendment be carried out within one week from today.

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Concerned Section of the registry is directed to correct the cause list and the data on Website accordingly after amendment.

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Order on Criminal Revision

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Heard Sri Udai Prakash Deo Pandey,learned counsel for the revisionist and Sri Saurabh Tripathi, learned counsel for the respondent no.2 and Sri O.P. Mishra, learned A.G.A. for the State-respondent no.1 and perused the record.

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This criminal revision has been filed for setting aside the judgment and order dated 27.08.2021 passed by Principal Magistrate Juvenile Justice Board, Sonbhadra and order dated 26.10.2021 passed by Additional Sessions Judge/Special Judge (POCSO Act), Sonbhadra in Criminal Appeal No.34 of 2021 affirming the order of J. J. Board declining bail to the juvenile in case crime no.57 of 2020, under Sections 377 and 323 I.P.C. and 5/6 POCSO Act, P.S. Shahganj, District Sonbhadra.

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As per prosecution case, the juvenile enticed away the victim boy aged about 8 years to forest and committed unnatural sexual assault thereby causing a injury. As per medical report, redness with a laceration was found around anus orifice. The statement of witnesses were recorded and the juvenile was apprehended and brought before the J.J.Board where he was was found aged about 16 years on the date of occurrence. His bail application was rejected by the J.J.Board. The appeal filed on his behalf

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was also dismissed by Special Judge (POCSO Act)/ Additional Sessions Judge, Sonbhadra by order dated 26.10.2022. Now both the orders are under challenge before this Court in this criminal revision filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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It is contended on behalf of the revisionist that besides ignoring the broader principles of law applicable in the matters of bail to a juvenile and mandate of Section 12 (1) of the J.J.Act, 2015, several other material circumstances relating to the incident have been altogether ignored by the board as well as the appellate court. This fact was not taken into consideration that the victim as well as the juvenile are related to each other and that he has been implicated falsely on account of domestic disputes. This fact has also been ignored that the D.P.O. observed nothing adverse against the character and conduct of the juvenile so as to decline him bail. The juvenile has no criminal history or tendencies and that by his continued detention in juvenile home his studies have been severely affected. He is in detention since 12.08.2020 i.e. about two years and four months now.

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Learned counsel for the respondent no.2 has not disputed that both families are related to each other and that they now intend to settle the matter between themselves.

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I went through the order of the J. J. Board who has found this case coming within the restricted confines of proviso to Section 12 of the J. J. Act. I also went through the order of the appellate court. The appellate has concurred with the inference drawn by the J. J. Board. After going through both the impugned orders. I am constrained to observe that there has not been any substantive material before the J.J.Board or the the appellate court for drawing inferences of the nature as have been drawn by them for bringing the matter within the proviso to Section 12 (1) of the J.J.Act,2015

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This juvenile has been of sixteen of age on the date of the incident. It also appears that 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.

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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 27.08.2021 passed by Principal Magistrate Juvenile Justice Board, Sonbhadra and order dated 26.10.2021 passed by Additional Sessions Judge/Special Judge (POCSO Act), Sonbhadra are hereby set aside.

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Let the revisionist, minor "X' through his natural guardian/father Chhote Lal Yadav s/o Budhiram, resident of village Baldeeh (Judiya), P.S. Shahganj, District Sonbhadra be released on bail in case crime no.57 of

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2020, under Sections 377 and 323 I.P.C. and 5/6 POCSO Act, P.S. Shahganj, District Sonbhadra upon his father Chhote Lal Yadav furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Sonbhadra subject to the following conditions:

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(i) that the natural guardian/father Sri Chhote Lal Yadav 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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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. Order Date :- 29.11.2022

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Asha

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Digitally signed by ASHA Date: 2022.11.30 17:10:21 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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