Allowed

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

Allahabad HC16 Aug 2023CRLR/449/2023

Case brief

AI extract

What is this about?

Single Judge permitted the minor petitioner to be released on bail by setting aside the orders of the Juvenile Justice Board and the Additional District & Sessions Judge, directing that the JJB reconsider the case applying Section 12 of the Juvenile Justice Act, 2015.

What did the court decide?

Impugned orders set aside; minor to be released on bail by mother executing personal bond and providing two sureties under specified conditions.

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

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Neutral Citation No. - 2023:AHC:165639

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 449 of 2023 Revisionist :- Mr. X (Minor) Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ravi Shanker Pathak,Arvind Kumar Pandey,Rajesh Kumar Dubey,Ravindra Kumar Tripathi Counsel for Opposite Party :- G.A.,Raj Kumar Kesari

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist, Sri Raj Kumar Kesari, learned counsel for opposite party as well as learned A.G.A for the State and perused the record.

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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 7.12.2022 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act) Agra as well as order dated 3.11.2022 passed by learned Juvenile Justice Board, Agra. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 598 of 2021, under Sections 363,376 IPC, 3/4 POCSO Act, Police Station Sadar Bazaar, District Agra.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident and is languishing in Child Care Home since 19.3.2022. The victim was also aged about 16 years at the time of the alleged incident.The victim was in love affair with the delinquent that was the reason she went with him voluntarily to Aligarh where they stayed in room for 12-13 days and physical relations were established between both of them. Later on, case was registered as a result she made statement under section 164 Cr.P.C against the delinquent for making physical relation against her will. It is further submitted that no any force or violence was used for enticing away the victim by the delinquent. It has also been stated by the victim before the learned Magistrate that she went and wondered in Aligarh with the delinquent happily and also she liked him but when she came to know about the case registered by her mother, she came back to Agra and her mother refused to marry her with the delinquent that was the reason she also refused to marry with the delinquent. All these fact suggest the willingness of the victim.

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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. The delinquent is in Juvenile Care Home since 19.3.2022 and 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. for the State opposed the prayer as aforesaid.

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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 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 Principal Magistrate,Juvenile Justice Board, dated 3.11.2022 and the appellate court dated 7.12.2022 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 (mother 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/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.

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(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.

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(iii) Juvenile and the revisionist/mother 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 :- 16.8.2023

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G.S

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad

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

Case brief

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

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