Allowed

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

Allahabad HC26 Sept 2023CRLR/3926/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision preferred by the mother of a juvenile delinquent, setting aside the orders of the Juvenile Justice Board and Special Judge. The Court found that the lower authorities failed to apply judicial mind to relevant provisions. The juvenile was ordered released on bail with strict conditions regarding supervision, education, and reporting.

What did the court decide?

The impugned orders of the J.J. Board and appellate court are set aside; the delinquent is released on bail by executing personal bond by the mother and two sureties on specific conditions.

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

¶1

Neutral Citation No. - 2023:AHC:186099

¶2

Court No. - 80

¶3

Case :- CRIMINAL REVISION No. - 3926 of 2023

¶4

Revisionist :- X- Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Mohd. Farooq,Atul Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Chandra Sharma,J.

¶6

Heard learned counsel for revisionist, learned A.G.A. for State and perused the record.

¶7

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 25.5.2023 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Child Court, Room No. 8, Shahahanpur in Criminal Appeal No. 23 of 2023 as well as order dated 4.4.2023 passed by Juvenile Justice Board, Shahjahanpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 367 of 2022, under Sections 363, 342, 376, 323, 506 IPC & Section 3/4 POCSO Act, Police Station Jalalabad, District Shahjahanpur.

¶8

It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 15 years, 5 months and 4 days at the time of alleged offence. He has been falsely named in the F.I.R. for committing rape with the victim by concocting a false story on the basis of an application under Section 156(3) Cr.P.C. There is no any evidence on record to show that the victim was taken away by force by the revisionist to the house of his bua . As per version in the F.I.R. that she was taken away by the revisionist to the house of his bua and physical relations were established there by the revisionist and others, cannot be said to be reliable but on account of village rivalry this F.I.R. was lodged. It is also submitted that there is nothing on record to show the complicity of present delinquent. There is nothing adverse to the present delinquent in the report as submitted by the District Probation 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 17.9.2022 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.

¶9

Learned A.G.A. opposed the aforesaid prayer.

¶10

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.

¶11

Accordingly, the orders passed by Juvenile Justice Board dated 4.4.2023 and the appellate court dated 25.5.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed .

¶12

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:-

¶13

(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 father will ensure that the juvenile will not repeat the offence.

¶14

(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 pursuits.

¶15

(iii) Juvenile and the revisionist/mother will report to the Probation Officer on the first Monday of every calendar month.

¶16

(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.

¶17

Order Date :- 26.9.2023 A. Singh

¶18

Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

X- Juvenile 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

Parties & counsel

Coram

Case details

Similar cases

X (Minor) Vs State of U.P. and 3 Others

X Minor Vs State of U.P. and Another

X (Minor) Vs State of U.P. and 3 Others

X (Minor) Vs State of U.P. and 3 Others

Juvenile -X Vs State of U.P. and 3 Others

X- Juvenile Vs State of U.P. and 3 Others