Allowed

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

Allahabad HC6 Oct 2023CRLR/3938/2023

Case brief

AI extract

What is this about?

In a criminal revision filed by a juvenile via his father under the J.J. Act, 2015, the Allahabad High Court set aside orders rejecting an appeal. The Court found the lower courts failed to apply judicial mind to relevant materials, noting the absence of an FIR and lack of medical evidence. The Court granted bail subject to strict conditions.

What did the court decide?

Orders of J.J. Board and appellate court set aside; juvenile released on bail executed by father and two sureties subject to strict conditions.

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

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Neutral Citation No. - 2023:AHC:192345

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3938 of 2023

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Revisionist :- X-Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for revisionist, learned A.G.A. for State and perused the 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 judgment and order dated 20.06.2023 passed by learned Children's Court/Additional Sessions Judge Maharajganj in Criminal Appeal No. 16 of 2023 as well as order dated 21.03.2023 passed by Juvenile Justice Board, Maharajganj. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Complaint Case No. 93 of 2020, under Sections 376, 506 IPC & Section 3/4 POCSO Act, Police Station Brijmanganj, District Maharajganj.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 15 years at the time of alleged offence. Incident is said to have taken place on 17.8.2020 regarding which no any F.I.R. was lodged at the police station concerned but complaint was filed on 10.09.2020 after delay of 23 days. Further submitted that there is no any medical report to show the allegation of rape with the victim by the present delinquent. In the statement of the victim recorded under Section 202 Cr.P.C. no allegation of rape has been made against the present delinquent but he has pressed the mouth of the victim and rape was committed by the co-accused Sadare Alam. No one had seen the incident but on account of village rivalry, this complaint was filed with ulterior motive. In this way, there is nothing on record to show the complicity of present delinquent. It is further submitted that co-accused person has already been granted bail in criminal revision No. 2063 of 2023 vide order dated 12.07.2023 by this Court and the case of the present revisionist is also on similar footing. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer.

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It is further submitted that 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 11.01.2023

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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.

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

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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 fact that co-accused has already been granted bail by this Court, 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.

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Accordingly, the orders passed by Juvenile Justice Board dated 21.03.2023 and the appellate court dated 20.06.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed.

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It is directed that delinquent/applicant be released on bail on executing personal 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 revisionist/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 revisionist/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 revisionist/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 :- 6.10.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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