Allowed

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

Allahabad HC3 Jul 2023CRLR/1511/2023

Case brief

AI extract

What is this about?

In a criminal revision filed under Section 102 of the J.J. Act, 2015, the Allahabad High Court set aside bail rejection orders by the Juvenile Justice Board and appellate court, directing release of the juvenile on bail conditional on surety bonds and probation oversight.

What did the court decide?

Orders of J.J. Board dated 19.01.2023 and appellate court dated 27.02.2023 set aside; juvenile released on bail subject to personal bond, surety bonds, and strict monitoring by Probation Officer.

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

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Neutral Citation No. - 2023:AHC:130033

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1511 of 2023

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Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Abdul Mazeed Counsel for Opposite Party :- G.A.,Asad Ahmad

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Abdul Mazeed, learned counsel for the revisionist as well as Sri Asad Ahmad, learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the record.

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The present criminal revision has been preferred by the revisionist through his uncle 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 27.02.2023 passed by learned Special Judge (POCSO Act)/Juvenile Court, Pilibhit in Criminal Appeal No.12 of 2023 as well as order dated 19.01.2023 passed by Juvenile Justice Board, Pilibhit. Furher prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.136 of 2022, under Sections 302, 201, 34 I.P.C., Police Station Sehramau Uttari, District Pilibhit.

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It is submitted that in this case the age of the delinquent was about 16 years, 2 months and 15 days and he was not in a position to understand the nature of the act. It is further submitted that he never committed such a crime but being son of co-accused Moinuddin and on account of previous enmity he was also named in the F.I.R. It is further submitted that a written report was given to S.H.O. by Sadab (the brother of the deceased) that the deceased was found dead adjacent to the field of Sageer Ahmad on the basis of which entry in G.D. was made and after inquest post-mortem of the deceased was got done in which death was found to be caused as a result of antemortem injuries found on his person and present F.I.R. was lodged only on the ground of suspicion though there was no witness of the incident. It is also submitted that co-accused persons namely Moinuddin and Furkan have already been enlarged on regular bail and the case of the present delinquent/applicant cannot be said to be different from the case of the aforesaid co-accused persons. It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by

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Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the bail application without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. It is also submitted that the apprehension of possibility of involving the delinquent in company of other criminals has been mentioned in the order passed by the learned Juvenile Justice Board and confirmed by the appellate court though no such possibility has been expressed by the Probation Officer in his report which is on record. The delinquent is in Juvenile Care Home since 27.07.2022 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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and urged that in this case the delinquent was in a position to understand the nature of the act and on account of enmity he called the deceased from his house and then with the help of co-accused (his father and brother) committed the murder of the deceased. Further urged that in case he is released on bail there is possibility of coming of the delinquent in company of other known criminals.

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Considering the facts and circumstances of the case, submission made by learned counsel for both the parties, 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 enlarged on regular bail and the delinquent/applicant has not been assigned any specific role, it appears that 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 19.01.2023 and the appellate court dated 27.02.2023 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 person bond by the revisionist (uncle 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/uncle will furnish an undertaking that upon

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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/uncle 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/uncle 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 :- 3.7.2023 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 Another

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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