Allowed

Xyz v. State of U.P. and Another

Allahabad HC21 Sept 2023CRLR/2147/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision set under Section 102 of the Juvenile Justice Act, 2015. The Court quashed impugned bail rejection orders and directed the release of the juvenile delinquent on bail subject to probation officer supervision and undertakings from the guardian.

What did the court decide?

Impugned orders rejecting bail set aside; delinquent released on bail with personal and two sureties on conditions of supervision, reporting, and educational pursuit.

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

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Neutral Citation No. - 2023:AHC:182938

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2147 of 2021

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Revisionist :- Bal Vikrmaditya @ Bhulli Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ram Kesh 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 and 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 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 impugned judgment and order dated 25.08.2021 passed by learned Additional Sessions Judge/Special Judge POCSO Act (Anany), Jaunpur in Criminal Appeal No.44/2021( X vs. State of U.P.) as well as order dated 04.08.2021 passed by Juvenile Justice Board, Jaunpur by which revisionist's bail under Sections 377, 504, 506, 352 I.P.C. & Section 5/6 POCSO Act has been rejected illlegaly on the basis of presumption only and revisionist may also be released on bail in Case Crime No.70/2021, under Sections 377, 504, 506, 352 I.P.C. & Section 5/6 POCSO Act, Police Station Sarai Khwaja, District Jaunpur.

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It is submitted that in this case the delinquent/applicant was aged about 17 years and was juvenile at the time of alleged incident. Further submitted that he is innocent and has committed no any such offence as alleged in the F.I.R. but on account of village rivalry he was named. The injuries found on the person of the victim were caused somewhere else but the accusation was made against the present delinquent. It is further submitted that the injury report shows that no any unnatural offence was committed with her but injuries were sustained somehow else. 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 01.03.2021 (i.e. more than two and a half years) 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 as aforesaid.

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Considering the facts and circumstances of the case, submission made by 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 injury report of the victim and the period present delinquent remained in child care home, 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 04.08.2021 and the appellate court dated 25.08.2021 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 (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 natural guardian/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 natural guardian/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 natural guardian/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 :- 21.9.2023 Ashok Gupta

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

Xyz v. State of U.P. and Another

Case brief

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Xyz v. State of U.P. and Another

Case brief

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