Allowed

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

Allahabad HC14 Jul 2023CRLR/3205/2022

Case brief

AI extract

What is this about?

This court allowed the criminal revision by Juvenile-X, setting aside the orders of the Juvenile Justice Board and appellate court for failure to apply judicial mind while considering the report under Section 12 of the Juvenile Justice Act. The revisionist was released on bail with conditions.

What did the court decide?

Orders of Juvenile Justice Board and appellate court set aside; delinquent released on bail with undertaking, education condition, and monthly reporting 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:140077

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3205 of 2022

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Revisionist :- Juvenile-X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Prem Chandra,Nand Lal Yadav 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 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 elder brother with a prayer to allow this revision and set aside the judgment and order dated 05.07.2022 passed in Criminal Appeal No. 22 of 2022 (C.N.R. NO. U.P.B.D.01-001303-2022) under Section 101 of the Juvenile Justice (Care and Protection of Children) Act 2015 and also order dated 29.03.2022 passed by Juvenile Justice Board Banda. Further prayed to release the revisionist on bail in Case Crime No. 995 of 2020 under Section 364A of I.P.C. Police Station Kotwali Nagar, District Banda.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years 6 months and 19 days and he is in Child Care Home since 24.12.2020 i.e. more than two and a half years. It is further submitted that he was not named in F.I.R. in which allegedly the son of the informant was kidnapped for ransom. It is further submitted that after the alleged incident child is said to have been recovered from the custody of present delinquent and co-accused Sumit Sharma who has already been granted bail by Co-ordinate Bench of this Court in criminal miscellaneous bail application No. 8616 of 2022 by order dated 04.04.2022. It is further submitted that the victim did not identify the delinquent, therefore, it cannot be said that he kidnapped him. Only on the basis of recovery of mobile phone which belongs to co-accused Rajesh Chauhan he was also involved in the present case. 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, 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 A.G.A. opposed the prayer as aforesaid.

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Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist, the time delinquent remained in Child Care Home, 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 29.03.2022 and the appellate court dated 05.07.2022 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 person bond by the revisionist ( elder brother 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/ elder brother 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 elder brother will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/ elder brother 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/ elder brother 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 :- 14.7.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA 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

Case brief

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