Allowed

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

Allahabad HC21 Sept 2023CRLR/3273/2023

Case brief

AI extract

What is this about?

This revision petition challenged orders of the Juvenile Justice Board and appellate court under the Juvenile Justice Act, 2015. The Single Judge set aside the impugned orders for failure to apply judicial mind and non-consideration of relevant provisions, releasing the juvenile on bail with supervision conditions.

What did the court decide?

Impugned orders set aside; juvenile delinquent released on personal bond with two sureties subject to undertakings and probation supervision.

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

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Neutral Citation No. - 2023:AHC:184261

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3273 of 2023 Revisionist :- Juvenile 'X' Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ravindra Prakash Srivastava 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 mother 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 23.5.2023 passed by learned Additional Session Judge/ Special Judge, Exclusive Court (POCSO Act) Basti in Crl. Appeal No. 24 of 2023 as well as order dated 26.4.2023 passed by Juvenile Justice Board, Basti. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.27 of 2022, under Sections 354, 305 IPC and Section 7/8 POSCO Act, Police Station Dubaulia, District Basti.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years 1 month and 16 days at the time of alleged incident and is languishing in Child Care Home since12.2.2022. It is further submitted that the victim was in relation with the revisionist. The mobile phone was also given by him to her by which both were making conversation. When this fact came into the knowledge of her mother on 7.2.2022 and on scolding she told her mother that mobile phone was given by the revisionist forcefully to talk to her, as a result she committed suicide on 8.2.2022 but this F.I.R was lodged against the present revisionist with false allegation that he made pressure on the victim to make conversation through mobile phone provided by him. There is nothing on record to support the allegation made in the F.I.R. He never instigated the victim to commit suicide. There is nothing adverse to the present delinquent in the report as submitted by the District Probation

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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 12.2.2022 and 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 opposite 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 Juvenile Justice Board dated 26.4.2023 and the appellate court dated 23.5.2023 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 (mother 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/mother 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 mother will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/mother 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

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pursuits.

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(iii) Juvenile and the revisionist/mother 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 :- 21.9.2023 G.S

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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