Allowed

X v. State of U.P. and Another

Allahabad HC21 Sept 2023CRLR/3687/2021

Case brief

AI extract

What is this about?

This criminal revision was filed to set aside orders denying bail to a juvenile revisionist in a POCSO case. The High Court held that lower courts failed to apply Section 12 of the Juvenile Justice Act and set aside the impugned orders, allowing the revision and directing release on bail with conditions.

What did the court decide?

Orders of JJ Board and appellate court set aside; release of delinquent on bail on surety bond; natural guardian to furnish undertaking; juvenile to pursue studies; reporting to Probation Officer.

X Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:182953

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3687 of 2021

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Revisionist :- X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pradeep Kumar Tiwari,Abhas Sharma,Rajesh Kumar Sharma,Sushil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Mohand Kant Baghel, 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 26.10.2021 passed by learned Additional District and Sessions Judge/Special Judge (POCSO Act), Court No.30, Agra in C.N.R. No.UPAG010103312021, Criminal Juvenile Appeal No.77 of 2021 (Suraj vs. State of U.P.) as well as the order dated 10.09.2021 passed by learned Juvenile Justice Board, Agra in Bail Application No.77 of 2021 (State vs. Suraj) arising out of Case Crime No.110 of 2021 under Sections 376-DA, 506 I.P.C. & Section 5G/6 Protection of Children from Sexual Offences Act, Police Station Khandauli, District Agra 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 and was juvenile at the time of alleged incident. Further submitted that he was innocent but implicated falsely on account of village rivalry. As per allegation in F.I.R. rape was committed by the co-accused Rajesh and the present delinquent but in F.S.L. report the semen was found on the under wear of co-accused Rajesh and nothing was found on the under wear of the present delinquent which shows that rape was committed by co-accused not by the present delinquent. 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 21.04.2021 (i.e. about two and a half years) 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 and contended that in this case delinquent also committed rape with the victim though he could not contradict the fact that no any semen or blood was found on the under wear taken from the possession of the present delinquent as shown in the F.S.L. report.

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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, the F.S.L. report 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 10.09.2021 and the appellate court dated 26.10.2021 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 :- 21.9.2023 Ashok Gupta

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

X v. State of U.P. and Another

Case brief

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X v. State of U.P. and Another

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