Allowed

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

Allahabad HC18 Sept 2023CRLR/3552/2023

Case brief

AI extract

What is this about?

The Court allowed a criminal revision filed by the father of a juvenile delinquent seeking bail. It set aside impugned orders by the Juvenile Justice Board and appellate court which failed to consider provisions under Section 12 of the JJ Act 2015 and the DSP report, holding them to be passed without applying judicial mind.

What did the court decide?

Impugned orders of JJ Board and appellate court setting aside; Revision allowed; Juvenile released on bail with sureties and undertakings.

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:179809

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3552 of 2023

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Revisionist :- Juvenile X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Anand Prakash Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Santosh Kumar Dubey and Sri Prashant Kumar Dubey, learned counsel for the revisionist and learned 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 16.05.2023 passed by Additional District and Sessions Judge/Special Judge POCSO Act (Exclusive Court), Baghpat in Criminal Appeal No.22 of 2023 (X. Minor vs. Juvenile Justice Board and others) arising out of Case Crime No.759 of 2022 under Sections 352, 307, 324 I.P.C., Police Station Baraut, District Baghpat by which the Juvenile Justice Board rejected the bail application of the revisionist on 22.03.2022 under Section 101(2) by Juvenile Justice Board, Baraut, Baghpat 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 was juvenile at the time of alleged incident. Further submitted that he was not named in the F.I.R. but during investigation his name was brought into light. Even the injured made statement against the present delinquent and other three coaccused persons those were also juvenile out of which two juveniles were granted bail by the learned Children Court and no any specific role was assigned to the present delinquent by the injured himself. 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 24.08.2022 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 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 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, no specific role has been assigned to the delinquent 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 22.03.2022 and the appellate court dated 16.05.2023 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 :- 18.9.2023 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 3 Others

Case brief

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

Case brief

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