Allowed

X v. State of U.P. and Another

Allahabad HC4 Jul 2023CRLR/1920/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision challenging bail refusal orders by the Juvenile Justice Board and appellate court. The revisionist argued non-compliance with the Juvenile Justice Act. The Court set aside the impugned orders directed the release of the juvenile on bail with strict sureties and supervision conditions.

What did the court decide?

Impugned orders set aside; juvenile released on bail with mother as surety and two other sureties, subject to strict conditions of supervision and regular reporting to the Probation Officer.

X Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:131102

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1920 of 2023

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Revisionist :- X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Yogesh Kumar Vaish 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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This criminal revision has been filed with a prayer to allow this revision and to set aside the judgment and order dated 06.10.2022 passed by learned court of Special Judge, POCSO Act/Additional Session Judge Rampur in Criminal Appeal No. 65/2021 having its computerized no. UPRP01006814/2021 and judgment and order dated 01.12.2021 passed by Juvenile Justice Board, Rampur in Case Crime No. 58/ 2021 under section 302, 201, 34 I.P.C. and Case Crime No. 99/2021 under Section 4/25 of Arms Act.

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It is submitted that in this case the age of the delinquent was about 16 years and he was not in a position to understand the nature of the act. It is further submitted that co-accused Akash Yadav and Vikas @ Bhavli have already been granted bail by Co-ordinate Bench of this Court in criminal revision Nos. 519 of 2023 vide order dated 2.2.2023 and 4527 of 2022 vide order dated 3.2.2023 respectively. 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 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 17.03.2021 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.

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Considering the facts and circumstances of the case, submission made by learned

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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 1.12.2021 and the appellate court dated 06.10.2022 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 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 :- 4.7.2023

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Suraj Srivastav

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

X v. State of U.P. and Another

Case brief

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X v. State of U.P. and Another

Case brief

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