Allowed

Rba v. State of U.P. and Another

Allahabad HC20 Sept 2023CRLR/1786/2023

Case brief

AI extract

What is this about?

The Court allowed a criminal revision filed by a minor's mother, setting aside the Juvenile Justice Board and appellate court orders. It held that those lower forums failed to apply judicial mind regarding Section 12 of the J.J. Act and the D.P.O. report, depriving the minor of bail. Bail was granted.

What did the court decide?

Orders of Juvenile Justice Board and appellate court set aside; revisionist granted bail on executing personal bond with sureties on specific conditions including education and reporting to Probation

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

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Neutral Citation No. - 2023:AHC:182707

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1786 of 2023

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Revisionist :- Rba

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Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Prabha Kumari,Hanuman Prasad Kushwaha,Surendra Bahadur Singh,Vijay Kumar Mishra Counsel for Opposite Party :- G.A.,Ram M. Kaushik

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Vijay Kumar Mishra and Sri Hanuman Prasad Kushwaha, learned counsel for the revisionist, learned counsel for opposite party No.2 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 21.3.2023 passed by learned Additional Children Court No.2, Allahabad in Crl. Appeal No.34 of 2023 as well as order dated 4.2.2023 passed by Juvenile Justice Board, Khuldabad, District Prayagraj. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 318 of 2022, under Sections 147, 148, 149, 302, 323, 336, 34 IPC, Police Station Cantt, District Prayagraj.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years, 1 month and 24 days at the time of alleged incident and is languishing in Child Care Home since 28.10.2022. It is further submitted that in the F.I.R ten named and 2-3 unknown persons were named for making assault on the deceased with lathi danda and bricks as a result he died. No any specific role was assigned to either of the accused including the present revisionist. It is also submitted that co-accused persons namely Tushar Bhartiya alias Anshu and Golu Kumar have already been enlarge on bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No.12244 of 2023 vide order dated 28.3.2023 and Crl. Misc. Bail Application no. 32620 of 2023 vide order dated 26.7.2023 though they were not named in the F.I.R.

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It is also submitted that 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 delinquent is in Juvenile Care Home since 28.10.2022 and 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 as well as learned counsel for opposite party opposed the prayer as aforesaid and urged that in this case there are several injuries on the persons of the deceased which was caused by the accused persons including the present revisionist with intention, therefore, it cannot be said to be entitled for bail and the revision is liable to be dismissed.

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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 Principal Juvenile Justice Board dated 4.2.2023 and the appellate court dated 21.3.2023 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

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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 :- 20.9.2023 G.S

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad

Rba v. State of U.P. and Another

Case brief

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Rba v. State of U.P. and Another

Case brief

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