Allowed

X-Minor v. State of U.P. and 3 Others

Allahabad HC22 Aug 2023CRLR/2347/2023

Case brief

AI extract

What is this about?

In this criminal revision, the High Court set aside the orders of the Juvenile Justice Board and the appellate court that were passed without considering the Juvenile Justice Act, 2015 and co-accused bail status. The court allowed the revision and granted bail to the juvenile.

What did the court decide?

The criminal revision was allowed; the orders of the Juvenile Justice Board (16.01.2023) and the appellate court (03.04.2023) were set aside, and the delinquent was directed to be released on bail.

X-Minor Vs State of U.P. and 3 Others — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:169198

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2347 of 2023

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Revisionist :- X-Minor Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ashok Kumar Singh Yadav Counsel for Opposite Party :- G.A.,Ravi Bhushan Singh

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Hon'ble Subhash Chandra Sharma,J.

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Counter affidavit filed by learned counsel for the opposite party as well as rejoinder affidavit filed by learned counsel for the revisionist today is taken on record.

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Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith 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 03.04.2023 passed by learned Additional Sessions Judge/Special Judge, POCSO Act, Ghazipur in Criminal Appeal (Juvenile) No.11/2023 (X Minor vs. State of U.P. and others) as well as order dated 16.01.2023 passed by Juvenile Justice Board, Ghazipur in Case Crime No.155/2022 (State vs. X Minor) u/s 147, 148, 323, 324, 506, 452, 427, 308, 302 I.P.C., Police Station Jangipur, District Ghazipur 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 16 years and was juvenile at the time of alleged incident. Further submitted that the F.I.R. was lodged against 13 accused persons including the present delinquent though no any specific role for causing injuries to the injured persons or to the deceased was assigned to him. It is further submitted that a cross case was also lodged on the part of the delinquent against the accused persons as Crime No.154 of 2022. It is also submitted that coaccused Dablu, Pappu Yadav & Bablu have already been granted regular bail by co-ordinate Benches of this Court in Criminal Misc.

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Bail Application Nos.9394 of 2023, 8395 of 2023 & 4398 of 2023 vide orders dated 04.04.2023, 20.04.2023 & 24.02.2023 and the role of the present delinquent cannot be said to be different from the aforesaid co-accused persons. 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 01.08.2022 (i.e. more than one year) 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 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 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, the fact that other co-accused persons have already been enlarged on regular bail and the period present delinquent applicant 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 16.01.2023 and the appellate court dated 03.04.2023 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

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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 :- 22.8.2023 Ashok Gupta

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

X-Minor v. State of U.P. and 3 Others

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X-Minor v. State of U.P. and 3 Others

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