Juvenile Mr. X Thru. His Mother Smt. Ram Lali Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Neutral Citation No. - 2023:AHC-LKO:39103

Court No. - 28

Case :- CRIMINAL REVISION No. - 251 of 2023 Revisionist :- Juvenile Mr. X Thru. His Mother Smt. Ram Lali Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Revisionist :- Qazi Mohd.Ahmad,Atulesh Kr. Singh

¶4

Counsel for Opposite Party :- G.A.,Ashok Kumar Singh

¶5

Hon'ble Shree Prakash Singh,J.

¶6

Heard Sri Atulesh Kr. Singh, learned counsel for the revisionist, Sri Ashok Kumar Singh, learned counsel for opposite party no. 2, Sri Aniruddh Kumar Singh, learned A.G.A-I for the State and perused the material placed on record.

¶7

Instant revision has been filed with prayer to allow the revision and set aside/quash the Judgment and Order dated 20.02.2023 passed by Juvenile Court, Court No.44, Barabanki, passed in Criminal Appeal No.03/2023 in Case Crime no.290/2022, under section 302, 201, 365, 34 IPC, P/S-Jahangirabad, District Barabanki, as well as order dated 20.01.2023 passed by Juvenile Justice Board Barabanki, passed in Misc. Application No. 95/2023, Case Crime no. 290/2022, under section 302, 201, 365, 34, IPC Police Station Jahangirabad, District Barabanki.

¶8

Learned counsel appearing for the revisionist submits that the revisionist is a child conflict with the law and is innocent and has falsely been implicated in the instant matter. He next added that the infact learned trial court did not consider the fact that the District Probation Officer, report is not against the present revisionist. The conditions provided in proviso of section 12 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 for not releasing an accused, who is a child conflict with law i.e. any reasonable grounds for believing that release shall bring the present revisions in association with any known criminal or exposed the said person to moral, physical or psychological danger or the person release whose release would defeat the ends of justice, is not considered by the trial courts. He further submits that guardian of the juvenile undertakes that he will keep close vigil over the activities of the juvenile and the juvenile shall observe good conduct and behaviour and he will never be involved in committing any offence after his release from Child Protection home. He submits that the revisionist is in child protection home since 18.10.2022. He thus, submits that the orders of the trial courts may be set aside and the revisionist may be released from child protection home.

¶9

It is further submitted that the Juvenile Justice Board and also the appellate court while rejecting the bail application overlooked the opinion of the District Probation Officer as also the true spirit and intent of the Legislature as provided under Section 12 of the Act. It is submitted that in the present case, no such contingency as provided in Section 12 of the Act is present; rather contrary to it, the District Probation Officer has opined in favour of the juvenile and no adverse material is available against the revisionist. It is next submitted on behalf of the revisionist that bail to a child in reference to Section 12 of the Act in conflict with law is a rule and denial is an exception.

¶10

On the other hand, learned A.G.A. for the State does not dispute the legal proposition and submits that the court may pass appropriate order in the best interest of the child.

¶11

There is no material on record to indicate that in case the revisionist is released, it would bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

¶12

Resultantly, the criminal revision is hereby allowed .

¶13

The impugned Judgment and Order dated 20.02.2023 passed by Juvenile Court, Court No.44, Barabanki, passed in Criminal Appeal No.03/2023 in Case Crime no.290/2022, under section 302, 201, 365, 34 IPC, P/S-Jahangirabad, District Barabanki, as well as order dated 20.01.2023 passed by Juvenile Justice Board Barabanki, passed in Misc. Application No. 95/2023, Case Crime no. 290/2022, under section 302, 201, 365, 34, IPC Police Station Jahangirabad, District Barabanki are hereby set aside.

¶14

It is directed that the the revisionist be released on bail in aforementioned Case Crime No.289 of 2021 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of concerned Juvenile Justice Board subject to the condition that the brother of the revisionist will take care of his education and betterment and will not allow to indulge him in any criminal activity and will keep constant check on his activities. Both the sureties are directed to be close relatives of the revisionist juvenile.

¶15

Order Date :- 30.5.2023 Mayank

¶16

Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Juvenile Mr. X Thru. His Mother Smt. Ram Lali v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Juvenile Mr. X Thru. His Mother Smt. Ram Lali v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kiran and Another Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Sitaram Yadav and 3 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Jaswant @ Shiva Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Ashok Kumar Vs State of U.P. and Anr.

Vineet Kumar Thru. His Father Raju Bhargav Vs State of U.P. Thru. Prin. Secy. Home, Lko. and 3 Others

Prateek Mishra Thru. His Father Narendra Mishra Vs State of U.P. Thru. District Magistrate, Sultanpur and Another