Allowed

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

Allahabad HC6 Jul 2023CRLR/2215/2023

Case brief

AI extract

What is this about?

This criminal revision sought to set aside orders treating a juvenile as an adult and against his release on bail. The High Court held that lower courts failed to consider the Juvenile Justice Act and granted revision, allowing release on bail.

What did the court decide?

Impugned orders set aside; delinquent released on bail via person bond and sureties under specific conditions.

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

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Neutral Citation No. - 2023:AHC:133765

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2215 of 2023

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Revisionist :- Juvenile -X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kameshwar Singh,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Kameshwar Singh, learned counsel for the revisionist and 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 24.03.203 passed by Special Judge (POCSO Act)/Additional Session Judge, Banda in Criminal Appeal No.05 of 2023 (Juvenile conflict with law vs. State of U.P.) as well as impugned order dated 09.02.2023 passed by Juvenile Justice Board, Banda in Case Crime No.154 of 2022, under Section 323, 325, 304, 308, 504, 506 I.P.C., Police Station Kamasin, District Banda 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, 5 months, 17 days and was juvenile at the time of alleged incident. Further submitted that the present delinquent was not named in the F.I.R. and his name was brought into light during investigation. It is further submitted that other coaccused persons namely Ramsuhavan and Mani Shankar who were major have already been enlarged on regular bail by co-ordinate Benches of this Court. No any specific role has been assigned to the present delinquent. 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 28.09.2022 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 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

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by the District Probation Officer and the fact that other co-accused persons who are major have already been granted regular bail 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 09.02.2023 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 :- 6.7.2023 Ashok Gupta

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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