Allowed

X Juvenile v. State of Up and Another

Allahabad HC16 Aug 2023CRLR/2896/2021

Case brief

AI extract

What is this about?

The High Court set aside orders of the Juvenile Justice Board and appellate court for failing to properly apply Section 12 of the J.J. Act, 2015. The court allowed the criminal revision and directed the release of the juvenile delinquent on bail under supervision.

What did the court decide?

Set aside impugned orders of J.J. Board and appellate court; released delinquent on bail via personal bond and two sureties with specific conditions for supervision, education, and reporting.

X Juvenile Vs State of Up and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:164246

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2896 of 2021

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Revisionist :- Km. Shahrin @ Shabanaz (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Salman Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist and 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 her grandfather under Section 102 of the Juvenile Justice (Care and Protection) Act2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the impugned judgment and order dated 04.01.2021 passed by learned Additional District and Sessions Judge/Special Judge (POCSO Act), Jhansi in Criminal Appeal No.34/2020 (Km. Shahrin @ Shabanaz vs. State of U.P.) as well as the impugned judgment and order dated 21.10.2020 passed by Juvenile Justice Board, Jhansi in Bail Application No.25 of 2020 (State vs. Shahrin Bano @ Shabanaz) arising out of Case Crime No.166/2020 under Sections 302, 201 I.P.C., Police Station Prem Nagar, District Jhansi and also prays to release the revisionist/delinquent on bail in the aforesaid case.

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It is submitted that in this case the delinquent/applicant was not named in the F.I.R. but during investigation her name was brought into light and he was aged about 17 years at the time of alleged incident. Further submitted that co-accused Tarun Yadav, who was named in the F.I.R., has been acquitted during trial by the learned court of Session by order dated 10.05.2023 and the case of the present delinquent is on better footing to that of co-accused person. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 15.06.2020 (i.e. more than 3 years) and her psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.

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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

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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 District Probation Officer, the fact that delinquent was not named in the F.I.R. and the period present delinquent remained in child care home, 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 21.10.2020 and the appellate court dated 04.01.2021 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 (grandfather 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/grandfather 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 grandfather will ensure that the juvenile will not repeat the offence.

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(ii) The natural guardian/grandfather will further furnish an undertaking to the effect that the juvenile will pursue her study at the appropriate level which she would be encouraged to do besides other constructive activities and not be allowed to waste her time in unproductive and excessive recreational pursuits.

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(iii) Juvenile and the natural guardian/grandfather 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 her 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 :- 16.8.2023 Ashok Gupta

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

X Juvenile v. State of Up and Another

Case brief

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X Juvenile v. State of Up and Another

Case brief

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