Allowed

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

Allahabad HC25 Sept 2023CRLR/1498/2021

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal revision seeking bail for a juvenile accused under the POCSO Act. The Court set aside the orders passed by the Juvenile Justice Board and appellate court, holding they had not applied their judicial mind to Section 12 of the JJ Act and the DPO report. Bail was granted on personal bond and community report supervision.

What did the court decide?

Orders of Juvenile Justice Board dated 8.10.2020 and appellate court dated 18.6.2021 set aside; revisionist granted bail on personal bond and supervision conditions.

X Juvenile Vs State of U.P. and Another — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:185230

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1498 of 2021

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Revisionist :- X Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rayoof Ali,Pankaj Kumar Rai Counsel for Opposite Party :- G.A.,Mangal Rai,Ravi Shanker Pathak

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Hon'ble Subhash Chandra Sharma,J.

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Supplementary affidavit filed today by learned counsel for opposite party no. 2 is taken on record.

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Heard learned counsel for revisionist, learned counsel for opposite party no. 2 as well as 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 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 revision and set aside the judgment and order dated 18.6.2021 passed by learned Incharge Special Judge (POCSO Act), Ghazipur in Criminal Misc. Bail Application No. 907 of 2021 as well as order dated 8.10.2020 passed by Juvenile Justice Board, Ghazipur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 174 of 2020, under Sections 376-DA, 506 IPC & Section 3/4 POCSO Act, Police Station Karanda, District Ghazipur.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 3 months and 8 days at the time of alleged offence. Further submitted that in the F.I.R. three persons including present revisionist were named for committing rape with the victim who was aged about 17 years and medically it was more than 18 years. She was in relation with co-accused Abhimanyu prior to alleged incident. There was conversation on mobile phone between both of them and also established physical relations. There was promise of marriage on his part thereafter, a video was snapped by the accused Abhimanyu and present revisionist, later on physical relations were established by all, several times and at last video was made viral and it came

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into the knowledge of the brother of the victim, then present F.I.R. was lodged. It is also submitted that the revisionist is real brother of co-accused Abhimanyu and younger to him 4 to 5 years, it cannot be said to be reliable that two real brothers will commit rape with the same victim in company of third co-accused. In this way, story as alleged in the F.I.R. as stated by the victim herself cannot be said to be true in relation to the present revisionist. It is next submitted that the victim was in relation with the co-accused Abhimanyu that was the reason present revisionist was also named in the F.I.R. as being his real brother. There is nothing on record to show the complicity of present delinquent. 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 22.6.2020 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 counsel for opposite party no. 2 as well as A.G.A. opposed the aforesaid prayer and urged that a video was snapped by the present revisionist with other co-accused and it was made viral and also under threat of making video, rape was committed with her, therefore, it cannot be said to be innocent.

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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 period of delinquent remained in jail, 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 orders 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 8.10.2020 and the appellate court dated 18.6.2021 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 (father of the delinquent) and two sureties each in the like amount to the

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satisfaction of the Juvenile Justice Board concerned on following conditions:-

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(i) The revisionist/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 revisionist/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 revisionist/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 :- 25.9.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

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

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

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