Allowed

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

Allahabad HC22 Sept 2023CRLR/2718/2023

Case brief

AI extract

What is this about?

High Court allowed the criminal revision filed by a juvenile, setting aside orders by the Juvenile Justice Board and appellate court. The court held these orders were illegal as they failed to consider Section 12 of the Juvenile Justice Act and probation reports. Bail was granted with strict conditions.

What did the court decide?

Orders of Juvenile Justice Board dated 15.03.2023 and appellate court dated 25.04.2023 set aside; revision allowed and juvenile released on bail with conditions.

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

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Neutral Citation No. - 2023:AHC:184407

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2718 of 2023 Revisionist :- X- Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Harindra Prasad Counsel for Opposite Party :- G.A.,Brij Bhushan Pandey

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Hon'ble Subhash Chandra Sharma,J.

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Counter affidavit filed by learned counsel for the opposite party is taken on record.

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Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the record.

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The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 25.04.2023 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Ghazipur in Criminal Appeal No. 24 of 2023 as well as order dated 15.03.2023 passed by Juvenile Justice Board, Ghazipur. Further prayed to release the revisionist on bail in Case Crime No. 156 of 2022 under Section 363, 506, 376 I.P.C., 5L/6 POCSO Act and 3(2)5 S.C./ S.T. Act, Police Station Baresar, District Ghazipur.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that as per allegation in F.I.R. he took away the victim aged about 14 from her house regarding which an F.I.R. was lodged by her father under Section 363, 506 I.P.C. and 3(2)5(va) S.C./ S.T. Act. The statement of the victim was recorded by the learned Magistrate under Section 164 Cr.P.C. in which she stated that she was known to the revisionist for a period of two years and there was conversation through phone between both of them and also physical relations were established for a period of four to six months outside the house in the village. Thereafter, she was taken away by the revisionist to Mumbai by train where T.T. in the train handed over her to R.P.F. from where she went to Child Care Home in Mumbai and remained there for a period of 13 days and then brought back by her father. It shows that she was volunteer and willy. No any force or violence was used against her will. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

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It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 05.01.2023 and his psychology is being affected

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adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.

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Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid. In this regard, the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.

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Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. for the State, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, 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 15.03.2023 and the appellate court dated 25.04.2023 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 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 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 :- 22.9.2023/ Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

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

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

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