Allowed

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

Allahabad HC10 Jul 2023CRLR/1679/2023

Case brief

AI extract

What is this about?

The Allahabad High Court set aside orders by the Juvenile Justice Board and appellate court which failed to consider Section 12 of the Juvenile Justice Act and the Probation Officer's report. The Court allowed the revision and directed the release of the delinquent on bail subject to conditions.

What did the court decide?

Orders of JJB dated 20.12.2022 and appellate court dated 02.03.2023 set aside; juvenile released on bail with conditions.

X- Juvenile Vs State of U.P. and 3 Others — Child Custody and Guardianship | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:135391

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1679 of 2023

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

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist as well as 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 mother with a prayer to allow the present criminal revision call for the record and set aside the order dated 02.03.2023 passed by the Juvenile Court, District Auraiya In Criminal Appeal No. 33 of 2022 (Anil Kumar (Juvenile) Vs. State of U.P.) and the earlier order dated 20.12.2022 passed by the Principal Judge, Juvenile Justice Board, Auraiya in Misc. Case No. 24/2022 (State Vs. Anil Kumar) arising out of Case Crime No. 452/2015 Under Section 376-D, 302 I.P.C. and Section 3/4 POCSO Act, P.S. Dibiyapur, District Auraiya.

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It is submitted that in this case offence is said to have taken place in the year 2015. As per allegation in F.I.R. rape was committed with the deceased and then she was strangulated by four co-accused persons including the present delinquent in which the named accused Pawan Kumar was exonerated during investigation and Nishakant @ Ratnesh was released on bail by Co-ordinate Bench of this Court in Criminal Revision No. 1272 of 2018 vide order dated 12.07.2018. It is further submitted that the age of the delinquent was 16 years 7 months and 19 days and he is in Child Care Home since 11.04.2022. It is further submitted that no any specific role has been assigned to the present delinquent and it cannot be distinguished with the role of delinquent Nishakant @ Ratnesh who has already been enlarged on bail. There is nothing on record to show the complicity of this delinquent in commission of the alleged offence. It is also submitted that there is nothing adverse to the present delinquent in the D.P.O. report.

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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 Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act, 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, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, 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 20.12.2022 and the appellate court dated 02.03.2023 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 ( 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 :- 10.7.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA 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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