Allowed

X- Juvenile v. State of U.P. and 3 Others

Allahabad HC7 Jul 2023CRLR/109/2023

Case brief

AI extract

What is this about?

Allowed criminal revision under Section 102 of the JJ Act, 2015. Set aside orders of JJB and Sessions Court due to failure to consider juvenile provisions. Directed release of juvenile on bail with conditions.

What did the court decide?

Impugned orders of Juvenile Justice Board and appellate court set aside revision allowed delinquent released on bail with conditions probation officer vigilance and social investigation reports requir

X- Juvenile Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:134076

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 109 of 2023

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Revisionist :- X- Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Harish Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Harish Kumar Tripathi, learned counsel for the revisionist and learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record.

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The present criminal revision has been preferred by the revisionist through his father under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present criminal revision and set aside the impugned judgment and order dated 14.12.2022 in Criminal Appeal No.181 of 2022 (Tabrej vs. State of U.P.) passed by learned Additional Sessions Judge/Special Judge, POCSO Act, Court No.1, Gorakhpur as well as order dated 11.11.2022 passed by Juvenile Justice Board, Gorakhpur in Case Crime No.179 of 2022, under Sections 147, 149, 504, 506, 354, 452, 323 354B, 379, 376D I.P.C. & Section 9/10 POCSO Act, Police Station Jhagaha, District Gorakhpur and also prays to release the revisionist on bail in the aforesaid case.

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It is submitted that in this case the delinquent/applicant was aged about 14 years, 10 months and was juvenile at the time of alleged incident. Further submitted that 8 accused persons were named in the F.I.R. including the present delinquent with similar allegations. The accused Makbool and Nasiruddin, who are major, have already been granted regular bail by co-ordinate Bench of this Court. No specific role has been assigned to the present delinquent. The juvenility of the delinquent was not considered by the J.J. Board or by the appellate court and even the provisions as contained u/s 12 of the aforesaid Act were not considered by the learned courts below. The report submitted by District Probation Officer is also not adverse to the delinquent. The delinquent is in Juvenile Care Home since 26.07.2022 and his psychology is being affected adversely, therefore, requested to set aside order passed by the J.J. Board as well as appellate court and allow the criminal revision.

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Learned A.G.A. opposed the prayer as aforesaid.

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Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer and the fact that other co-accused persons have already been granted regular bail, and the role of the present delinquent, it appears that

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Juvenile Justice Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the order without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.

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Accordingly, the orders passed by Juvenile Justice Board dated 11.11.2022 and the appellate court dated 14.12.2022 are, hereby, set aside and the present criminal revision is hereby, allowed .

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It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person bond by the revisionist (father of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-

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(i) The natural guardian/father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go 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 repeat the offence.

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(ii) The natural guardian/father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

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(iii) Juvenile and the natural guardian/father will report to the Probation Officer on the first Monday of every calendar month.

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(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such a periodical basis as the Juvenile Justice Board may determine.

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Order Date :- 7.7.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

X- Juvenile v. State of U.P. and 3 Others

Case brief

What is this about?

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X- Juvenile v. State of U.P. and 3 Others

Case brief

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