Allowed

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

Allahabad HC20 Jul 2023CRLR/2545/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal revision filed on behalf of a juvenile delinquent. It set aside orders by the Juvenile Justice Board and an appellate court that had allegedly failed to properly consider Section 12 of the Juvenile Justice Act, 2015. The Court released the juvenile on bail subject to conditions.

What did the court decide?

Orders of JJ Board and appellate court set aside. Delinquent released on bail via personal bond by father with two sureties subject to conditions of supervision, study, and monthly reporting.

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

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Neutral Citation No. - 2023:AHC:145217

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2545 of 2022 Revisionist :- Juvenile-X(Minor) Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Vipin Kumar Singh,Shiv Lal Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for revisionist, learned counsel for opposite party as well as learned A.G.A. for State and perused the 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 judgment and order dated 25.4.2022 passed by Special Judge (POCSO Act)/ Additional Session Judge, Mirzapur in Crl. Appeal No. 22 of 2022 as well as order dated 13.4.2022 passed by Principal Magistrate,Juvenile Justice Board, Mirzapur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 204 of 2020 ,under Sections 376, 366, 363 IPC, sections 3(2)(v) SC/ST Act and section 3/4 POCSO Act, Police Station H, District Mirzapur.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about sixteen years five months and four days at the time of alleged incident and languishing in Child Care Home since 20.11.2020 ie more than 2 years. It is further submitted that the victim went with the delinquent voluntarily without any pressure or use of force. She expressly revealed in her statement as recorded by the learned Magistrate under section 164 Cr.P.C that she took Rs. 20,000/- with her and she also willing to marry with the delinquent which shows that she was volunteer..

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There is nothing adverse to the present delinquent in 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. The delinquent is in Juvenile Care Home since 20.11.2020 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.

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Learned A.G.A. for the State opposed the prayer as aforesaid.

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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 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.

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Accordingly, the orders passed by Principal Magistrate, Juvenile Justice Board, Mirzapur dated 13.4.2022 and the appellate court dated 25.4.2022 are, hereby, set aside and present Criminal Revision is hereby, allowed .

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

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(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 unproductive and excessive recreational pursuits.

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(iii) Juvenile and the revisionist/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 :- 20.7.2023 G.S

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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What did the court decide?

What the court decided

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