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

Neutral Citation No. - 2023:AHC:163673

Court No. - 80

Case :- CRIMINAL REVISION No. - 3293 of 2022

Revisionist :- Juvenile -X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Jitendra Partap Singh,Mamta,Markande Singh Yadav,Satyendra Singh Counsel for Opposite Party :- G.A.,Manvendra Singh

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Hon'ble Subhash Chandra Sharma,J.

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Counter affidavit filed by learned A.G.A. today is taken on record.

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Heard Ms. Mamta, learned counsel for the revisionist as well as learned counsel for the opposite party alongwith 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 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 impugned judgment and order dated 26.07.2022 passed by the learned Special Judge (POCSO Act)/Additional District and Sessions Judge, Varanasi in Criminal Appeal No.98 of 2022 arising out of Case Crime No.170 of 2022, under Sections 147, 504, 302 I.P.C., Police Station Sarnath, District Varanasi as well as judgment and order dated 02.06.2022 passed by learned court of Juvenile Justice Board, Chandmari, Varanasi (whereby the bail application of the revisionist has been rejected) arising out of Case Crime No.170 of 2022, under Sections 147, 504, 302 I.P.C., Police Station Sarnath, District Varanasi 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 aged about 17 years at the time of alleged incident. Further submitted that as per allegation in F.I.R. the assault was made by several persons on the deceased with lathi and danda owing to the dispute of playing D.J. and there was no any intention or motive with the delinquent to cause injuries to the deceased. It is further submitted that no any specific role was assigned to the present delinquent except general role alongwith other co-accused persons. It is further submitted that the co-accused persons, whose names were brought into light during investigation, have already been granted bail. It is also submitted that the delinquent is ill and suffering from lower abdomen pain regarding which he was referred to B.H.U. as a result stone was detected in his kidney which is to be operated surgically. 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

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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 11.05.2022 (i.e. more than one year) and his 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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and urged that in this case the present delinquent also participated in the assault on the deceased with lathi and danda though no specific role was assigned to the present delinquent. Further urged that as a result of antemortem injuries, those were several in numbers and found during post-mortem, the deceased died. In this way, the delinquent cannot be said to be innocent.

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Considering the facts and circumstances of the case, submission made by learned 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 and the general role of the present delinquent, 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 02.06.2022 and the appellate court dated 26.07.2022 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 (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 natural guardian/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 natural guardian/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 natural guardian/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 :- 11.8.2023 Ashok Gupta

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

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

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