Criminal revision filed by a juvenile against orders of the Juvenile Justice Board and appellate court. The High Court set aside those orders for适用法律错误 and released the juvenile on bail subject to strict supervision conditions.
Impugned orders set aside; juvenile released on bail executed by mother and two sureties on personal bond.
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Neutral Citation No. - 2023:AHC:210351
Court No. - 80
Case :- CRIMINAL REVISION No. - 3543 of 2023
Revisionist :- X Juvenile Opposite Party :- State Of U.P. And 3 Other Counsel for Revisionist :- Chandra Prakash Misra,Prakash Sharma
Counsel for Opposite Party :- G.A.,Rajesh Kumar
Hon'ble Subhash Chandra Sharma,J.
List revised. None appeared on behalf of the opposite party even in the revised call.
Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the material on record.
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 impugned judgment and order dated 06.06.2023 passed by Additional Session Judge/Special Judge POCSO Act, Court No.1, Gorakhpur in Criminal Appeal No.99 of 2023 (Rahul Harijan vs. State of U.P. & another) as well as order dated 22.05.2023 in Case Crime No.434 of 2022, under Sections 363, 376DA, 506 I.P.C. and Section 5/6 POCSO Act, Police Station Jhangaha, District Gorakhpur passed by Principal Magistrate, Juvenile Justice Board, Gorakhpur and also prays to release the revisionist/delinquent on bail in the aforesaid case.
It is submitted that in this case the delinquent/applicant was aged about 17 years and was juvenile at the time of alleged incident. As per allegation in F.I.R. the victim was enticed away by the revisionist and other co-accused Dheeraj Rajbhar who was major. Further submitted that the statement of the victim was recorded by the learned Magistrate u/s 164 Cr.P.C. in which she stated that she was taken by the revisionist alongwith other co-accused and rape was committed with her and it was done under impression of some intoxicant administered by them. It is also submitted that she stated before the I.O. during the course of investigation u/s 161 Cr.P.C.
that she was known to the present revisionist two years prior to the alleged incident as there was love affair between them which shows that she was volunteer and willing. No any force or violence was used against the victim. It is also submitted that co-accused Dheeraj Rajbhar has already been enlarged on bail regular bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.759 of 2023 vide order dated 06.2.2023 and the case of the present revisionist is on similar footing. 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 05.11.2022 (i.e. 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.
Learned A.G.A. opposed the prayer as aforesaid.
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, the other co-accused Dheeraj Rajbhar has already been enlarged on regular bail and the period the 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.
Accordingly, the orders passed by Juvenile Justice Board dated 22.05.2023 and the appellate court dated 06.06.2023 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person 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 :-
(i) The natural guardian/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.
(ii) The natural guardian/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 pursuits.
(iii) Juvenile and the natural guardian/mother will report to the Probation Officer on the first Monday of every calendar month.
(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.
Order Date :- 2.11.2023 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned orders by the Juvenile Justice Board and appellate court should be set aside for not considering provisions under Section 12 of the Juvenile Justice Act, 2015.
Whether the juvenile delinquent should be released on bail with strict conditions upon set aside of lower court orders.
8 provisions across 4 enactments
X Juvenile
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
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