Allowed

X(Minor) v. State of U.P. and 3 Others

Allahabad HC8 Aug 2023CRLR/2406/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision filed by a minor delinquent. It set aside the judgment of the Juvenile Justice Board and appellate court for failing to consider Section 12 of the JJ Act and material before an order was passed. The Court released the minor on bail.

What did the court decide?

Orders of J.J. Board and appellate court set aside; delinquent released on bail by executing personal bond by mother/guardian and two sureties under specific conditions.

X(Minor) Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:159390

¶2

Court No. - 80

¶3

Case :- CRIMINAL REVISION No. - 2406 of 2022

¶4

Revisionist :- X(Minor) Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Siya Ram Verma,Deepak Kumar Verma

¶5

Counsel for Opposite Party :- G.A.,Hari Nath Chaubey

¶6

Hon'ble Subhash Chandra Sharma,J.

¶7

List revised.

¶8

No one appeared for the opposite party.

¶9

Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the record.

¶10

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 judgment and order dated 15.4.2022 passed by Additional Sessions Judge/Special Judge, (POCSO Act), Court No. 13, Kanpur Dehat in Criminal Appeal No. 21 of 2022 as well as order dated 15.3.2022 passed by Juvenile Justice Board, Kanpur Dehat. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 119 of 2021, under Sections 376, 506 IPC & 5/6 POCSO Act, Police Station Rajpur, District Kanpur Dehat.

¶11

It is submitted that in this case the revisionist was aged about 13 years at the time of alleged incident and in Child Care Home since 19.10.2021 i.e. more than one year and ten months. It is further submitted that the revisionist was of tender age at the time of alleged incident and was not in a position to understand the nature of the act. The victim was also aged about 10 years. It is also submitted that as per Section 12 of J.J. Act the gravity of the offence is not to be seen. There is nothing in the report filed by the D.P.O. that after release the revisionist will come in association with known criminal, but this fact was not taken into consideration by the learned court below while considering the bail of the revisionist. There is nothing adverse to the present delinquent in

¶12

the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 19.10.2021 i.e. more more than one year and ten months and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.

¶13

Learned A.G.A. opposed the aforesaid prayer and urged that the medical report supports the allegations.

¶14

Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the period of delinquent remained in jail, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. 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.

¶15

Accordingly, the orders passed by Juvenile Justice Board dated 15.3.2022 and the appellate court dated 15.4.2022 are, hereby, set aside and present Criminal Revision is hereby, allowed.

¶16

It is directed that delinquent/applicant be released on bail on executing personal 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:-

¶17

(i) The revisionist/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.

¶18

(ii) The revisionist/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

¶19

unproductive and excessive recreational pursuits.

¶20

(iii) Juvenile and the revisionist/father will report to the Probation Officer on the first Monday of every calendar month.

¶21

(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.

¶22

Order Date :- 8.8.2023 Aiman

¶23

Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad

X(Minor) v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

X(Minor) v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

X (Minor) Vs State of U.P. and Another

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

K (Juvenile) Vs State of U.P. and Another

Juvenile Vs State of U.P. and Another

Juvenile X Vs State of U.P. and Another

X Juvenile Vs State of U.P. and Another