Allowed

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

Allahabad HC28 Jul 2023CRLR/1608/2022

Case brief

AI extract

What is this about?

In a criminal revision, the Allahabad High Court set aside the orders of the Juvenile Justice Board and appellate court for not considering relevant statutory provisions and material. The revision was allowed, and the juvenile was directed to be released on personal bond with two sureties under specific conditions.

What did the court decide?

Orders of JJB and appellate court set aside; delinquent released on bail with personal bond and two sureties on conditions of association, education, and monthly reporting to Probation Officer.

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

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Neutral Citation No. - 2023:AHC:151347

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1608 of 2022

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Revisionist :- X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Syed Safdar Ali Kazmi 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 legal guardian 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 16.2.2022 passed by learned Additional Special Judge, (POCSO Act) Court No. 2, Allahabad in Criminal Appeal No. 13 of 2022 as well as order dated 18.1.2022 passed by Juvenile Justice Board, Allahabad. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 292 of 2021, under Sections 376-D, 504, 506 IPC & Section 5/6 POCSO Act and Section 3(2)V SC/ST Act, Police Station Phoolpur, District Prayagraj.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 14 years at the time of alleged offence. Further submitted that F.I.R. was lodged after delay of two days and during investigation the name of co-accused Jugnu and and Arjun were also added by the victim before the learned Magistrate in her statement recorded under Seciton 164 Cr.P.C. Allegation of rape was made against all accused persons out of which co-accused Arjun and Jugnu have already been enlarged on regular bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 55842 of 2021 and 55524 of 2021 vide order dated 4.5.2022 and 11.4.2022. No any specific role was assigned to the present delinquent. It is also submitted that no injury was found on the person of victim. 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 16.09.2021 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 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 18.1.2022 and the appellate court dated 16.2.2022 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 (legal guardian 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/ legal guardian 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 legal guardian will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/legal guardian 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/legal guardian 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 :- 28.7.2023 A. Singh

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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