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

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Allahabad HC
2023
Xxx Juvenile Vs State of U.P. and AnotherXxx Juvenile v. State of U.P. and Another

Allowed

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

Allahabad HC28 Jul 2023CRLR/1884/2023

Case brief

AI extract

What is this about?

In a criminal revision, the Allahabad High Court set aside orders rejecting the juvenile appellant's appeal and disallowed his bail. The court held the trial and appellate courts failed to apply their judicial mind under s. 12 of the Juvenile Justice Act, ignoring relevant reports. The revision was allowed, setting aside lower court orders and granting bail with strict supervision conditions.

What did the court decide?

Impugned orders by Juvenile Justice Board and appellate court set aside; appellant released on bail conditioned on undertaking against criminal association, pursuit of studies, and monthly reporting t

What the court decided

AI extract

Outcome

Impugned orders by Juvenile Justice Board and appellate court set aside; appellant released on bail conditioned on undertaking against criminal association, pursuit of studies, and monthly reporting t

Issue for consideration

Whether the Juvenile Justice Board and appellate court erred in not considering provisions of s. 12 of the Juvenile Justice Act and the Probation Officer report. +2 more

Detailed headnote1 paragraphs

A criminal revision filed by a juvenile appellant regarding an appeal rejection and bail denial was allowed. The High Court held that the Juvenile Justice Board and appellate court erred in passing orders without applying their judicial mind under s. 12 of the Juvenile Justice Act of India and without considering the Probation Officer report. The impugned orders were set aside, and bail was granted subject to strict conditions including reporting to the Probation Officer and ensuring the juvenile does not associate with criminals or engage in unproductive activities.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

Neutral Citation No. - 2023:AHC:151842

Court No. - 80

Case :- CRIMINAL REVISION No. - 1884 of 2023

Revisionist :- Xxx Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Supplementary affidavit filed by learned counsel for the revisionist is taken on record.

Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 03.03.2023 passed by learned Special Judge (POCSO Act), Juvenile Court, Farrukhabad in Criminal Appeal No. 24 of 2023 as well as order dated 10.02.2023 passed by Juvenile Justice Board, Farrukhabad. Further prayed to release the revisionist on bail in Case Crime No. 10 of 2022 under Section 307, 323, 504, 506 I.P.C., Police Station Kotwali Farrukhabad, District Farrukhabad.

It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years and 8 months at the time of alleged incident. It is further submitted that the specific role of firing was assigned to Abhinav, Akash Alias Anurag Shakya and the present delinquent was assigned the role of catching hold. It is further submitted that co-accused Akash Alias Anurag Shakya has already been granted bail by Co-ordinate Bench of this Court in criminal miscellaneous bail application No. 6773 of 2023 vide order dated 02.03.2023 and the case of the present delinquent is on similar footing. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

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. He is in Child Care Home since 22.12.2022 and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.

Learned A.G.A. opposed the prayer as aforesaid.

Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A. for the State, 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 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.

Accordingly, the orders passed by Juvenile Justice Board dated 10.02.2023 and the appellate court dated 03.03.2023 are, hereby, set aside and present criminal revision is hereby, allowed .

It is directed that delinquent/applicant be released on bail on executing person bond by the revisionist ( father of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-

(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.

(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.

(iii) Juvenile and the revisionist/ father will report to the Probation Officer on the first Monday of every calendar month.

(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.

Order Date :- 28.7.2023 Suraj Srivastav

Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the Juvenile Justice Board and appellate court erred in not considering provisions of s. 12 of the Juvenile Justice Act and the Probation Officer report.
2.
Whether the impugned orders passed by the Juvenile Justice Board and appellate court require to be set aside due to non-application of judicial mind.
3.
Whether the appellant requires to be released on bail subject to sureties and conditions.

Statutes considered

1 provisions across 1 enactments

AI extract

Juvenile Justice Act12

Parties & counsel

AI extract

appellant
Xxx Juvenile
respondent
State of U.P.
respondent
Another

Coram

AI extract

Subhash Chandra Sharma
Suraj Srivastav

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 28 Jul 2023 · July
Registered: 8 Apr 2023
Case no.: CRLR/1884/2023
CNR: UPHC010787222023
Topic: Bail and Remand
Bench: Subhash Chandra Sharma
Disposal: Allowed/Partly Allowed on merits

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Cite this judgement

Xxx Juvenile v. State of U.P. and Another, CRLR/1884/2023 (ALL), decided on 28 July 2023.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Juvenile Justice Act12

View all statutes

Bench / Coram

Subhash Chandra Sharma and Suraj Srivastav

Parties & counsel