Allowed

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

Allahabad HC6 Jul 2023CRLR/1104/2023

Case brief

AI extract

What is this about?

This criminal revision, filed by a minor through his mother, challenged bail rejection orders. The Allahabad High Court held that lower courts failed to consider Section 12 of the Juvenile Justice Act and relevant material. The revision was allowed, prior orders quashed, and bail granted under specific conditions.

What did the court decide?

Orders of J.J. Board dated 03.11.2022 and appellate court dated 05.01.2023 set aside; delinquent released on bail with conditions.

X (Minor) Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:132934

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1104 of 2023 Revisionist :- X (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Jai Prakash Singh,Raj Kiran Chaudhary Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for revisionist, learned A.G.A. for State and perused the record.

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The present criminal revision has been preferred by the revisionist through his mother under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the judgment and order dated 5.1.2023 passed by learned Additional District and Sessions Judge/Special Judge (POCSO Act), Court No. 3, Varanasi in Criminal Appeal No. 214 of 2022 as well as order dated 3.11.2022 passed by Juvenile Justice Board, Varanasi. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 12 of 2022, under Sections 302, 201 IPC, Police Station Ram Nagar, District Varanasi.

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It is submitted by learned counsel for the revisionist that in this case, the present delinquent was named with other co-accused persons for committing murder of the son of the informant. There is no any witness of the incident but on the basis of last seen, F.I.R. was lodged after delay of four days. Further submitted that the present delinquent was minor at the time of alleged commission. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court. The learned J.J. Board did not consider all these facts while deciding the bail application and the learned appellate court also did not consider the material available on record while rejecting the appeal which cannot be said to be lawful. The delinquent is in Juvenile Care Home since 23.1.2022 and his psychology is being affected adversely, therefore, requested to set aside the 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 aforesaid prayer.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. 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 03.11.2022 and the appellate court dated 05.01.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed .

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It is directed that delinquent/applicant be released on bail on executing personal bond by the revisionist (mother 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 revisionist/mother 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 mother will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/mother 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 revisionist/mother 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 :- 6.7.2023/A. Singh

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Digitally signed by :- ANURAG SINGH 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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