Allowed

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

Allahabad HC5 Jul 2023CRLR/2401/2023

Case brief

AI extract

What is this about?

A criminal revision was filed by a minor through his father challenging rejection of bail by the Juvenile Justice Board and appellate court. The High Court held the earlier orders were passed without applying judicial mind to relevant materials under the Juvenile Justice Act, exonerated co-accused status, and a non-adverse PS report. The court set aside the orders and allowed bail on sureties with

What did the court decide?

Criminal revision allowed; previous orders set aside; minor released on bail via personal bonds and two sureties subject to supervision conditions and reports to the Probation Officer.

A- Minor Vs State of U.P. and 3 Others — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:132123

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2401 of 2023

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Revisionist :- A- Minor Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Counter affidavit filed by learned A.G.A. today is taken on record.

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Heard Sri Tej Om Prakash Gupta, learned counsel for the revisionist and learned counsel for the opposite party 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 24.11.2022 passed by Principal Magistrate, Juvenile Justice Board, Firozabad in Bail Application No.124 of 2022 (State vs. Juvenile A) as well as order dated 13.04.2023 passed by Additional Session Judge/Additional Special Judge (POCSO) Act, Court No.2, Firozabad in Criminal Appeal No.34 of 2023 (Juvenile A vs. State of U.P.) arising out of Case Crime No.284 of 2022, under Sections 376, 506 I.P.C. & Section 3/4 of POCSO Act, Police Station Uttar, Disrict Firozabad by which appeal has been rejected and also prays to release the delinquent/applicant 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 & 5 months and was juvenile at the time of alleged incident. As per the allegation in F.I.R. Seema and Harshit opened the door of the room of the victim and the delinquent was got entered in the room and then the door was bolted from the outside. It is also submitted that the delinquent committed rape with the victim in the room and also caused injuries on her person. On her hue and cry her mother came there but the delinquent went away from the room with the help of other co-accused persons. It is further submitted that other co-accused persons namely Seema and Harshit were exonerated during investigation of the case which shows that the incident was false. It is also submitted that there is allegation of causing

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injuries on the face of the victim with nails by the delinquent/applicant but during medical examination no any such symtum of rape was found on her person. Further submitted that there is nothing on record to show that rape was committed with the victim but present F.I.R. was lodged by the informant with ulterior motive. The juvenility of the delinquent was not considered by the J.J. Board or by the appellate court and even the provisions as contained u/s 12 of the aforesaid Act was not considered by the court below. The report of District Probation Officer is also not adverse to the delinquent. The delinquent is in Juvenile Care Home since 13.06.2022 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 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 Probation Officer and the fact that other co-accused persons have already been exonerated during the investigation of the case, 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 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 24.11.2022 and the appellate court dated 13.04.2023 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 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 :- 5.7.2023 Ashok Gupta

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

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

Case brief

What is this about?

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

Case brief

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