Allowed

X- Juvenile v. State of U.P. and Another

Allahabad HC17 Jul 2023CRLR/2060/2023

Case brief

AI extract

What is this about?

High Court allowed criminal revision against orders of Juvenile Justice Board and appellate court for failing to apply judicial mind and consider Section 12 provisions. Court set aside lower court orders and released the minor delinquent on bail with specific undertaking conditions.

What did the court decide?

Impugned orders of JJ Board and appellate court set aside; delinquent released on bail via personal bond with two sureties subject to conditions.

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

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Neutral Citation No. - 2023:AHC:141079

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2060 of 2023

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Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Gaurav Kakkar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Gaurav Kakkar, learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record.

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The present criminal revision has been preferred by the revisionist through his father 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 impugned judgment and order dated 24.03.2023 passed by Juvenile Court, Bijnor in Criminal Appeal No.25 of 2023 as well as order impugned dated 20.02.2023 passed by Juvenile Justice Board, Bijnor in Case No.158 of 2022 arising out of Case Crime No.863 of 2022 (State vs. Minor X) under Section 307 I.P.C. and Section 3/25 Arms Act, Police Station Kotwali City, District Bijnor and also prays to release the revisionist/delinquent on bail in the aforesaid case.

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It is submitted that in this case the delinquent/applicant was aged about 17 years, 10 months, 20 days at the time of alleged incident. Further submitted that in this case police lodged an F.I.R. for firing on the police personnel though neither any firing was made by the delinquent nor any injury was caused to any police personnel. There is nothing on record to show the involvement of the delinquent in commission of such offence as alleged in the F.I.R. It is also submitted that the report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 26.11.2022 and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.

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Learned A.G.A. opposed the prayer and urged that in this case the involvement of present delinquent can also not be denied and urged that even in the C.C.T.V. footage his presence was verified by the I.O., therefore, it is evidence that he also participated in common intention of co-accused Yash.

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

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learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer and the confessional statement of other coaccused persons and the role of the present delinquent, 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.

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Accordingly, the orders passed by Juvenile Justice Board dated 20.02.2023. and the appellate court dated 24.03.2023 are, hereby, set aside and the present criminal revision is hereby, allowed.

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It is directed that delinquent/applicant be released on bail in the aforesaid case 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 :-

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(i) The natural guardian/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.

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(ii) The natural guardian/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.

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(iii) Juvenile and the natural guardian/father 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 :- 17.7.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

X- Juvenile v. State of U.P. and Another

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X- Juvenile v. State of U.P. and Another

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