Allowed

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

Allahabad HC18 Aug 2023CRLR/2714/2023

Case brief

AI extract

What is this about?

H.C. allowed the revision filed by a juvenile defendant whose lower courts failed to consider provisions of the J.J. Act. The board and appeal were set aside, and the juvenile was released on bail with conditions regarding supervision, education, and reporting to the probation officer.

What did the court decide?

Orders of J.J. Board and appellate court set aside; revision allowed; delinquent released on bail with bonds and sureties; directed to pursue studies and report to Probation Officer.

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

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Neutral Citation No. - 2023:AHC:166174

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2714 of 2023

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Revisionist :- Juvenile -X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Birendra Singh Counsel for Opposite Party :- G.A

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Hon'ble Subhash Chandra Sharma,J.

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Amendment application filed by the revisionist is hereby allowed.

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Learned counsel for revisionist is permitted to make necessary amendment in prayer clause and also name of opposite party no. 2 during the course of the day.

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Opposite party no. 2 is police official who lodged the F.I.R. in discharge of his official duty so notice issued to opposite party no. 2 is dispensed with.

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Heard learned counsel for revisionist, 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 19.4.2023 passed by learned Children Court, Kanpur Dehat in Criminal Appeal No. 65 of 2022 as well as order dated 18.11.2022 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. 532 of 2022, under Sections 489-A, 489-B, 489-D IPC, Police Station Ghatampur, District Kanpur Nagar.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years at the time of alleged offence. Further submitted that in this case police lodged the F.I.R. on the basis of false allegation that fake currency was recovered from the possession of present delinquent and other coaccused persons those were major have been enlarged on regular bail by coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 7686 of 2023 and 14518 of 2023 vide order dated 2.3.2023 and 17.4.2023. It is also submitted that there is nothing on record to show the complicity of present delinquent. 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 while rejecting the appeal which cannot be said to be in conformity

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with the law. The delinquent is in Juvenile Care Home since 30.09.2022 i.e. more than one year 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. opposed the aforesaid prayer.

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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 Juvenile Justice Board dated 18.11.2022 and the appellate court dated 19.4.2023 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 :- 18.8.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

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

Case brief

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

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