Allowed

X Juvenil v. State of U.P. and Another

Allahabad HC18 Aug 2023CRLR/4860/2022

Case brief

AI extract

What is this about?

The High Court set aside the orders of the Juvenile Justice Board and the appellate court, allowing the criminal revision on the ground that they failed to apply judicial mind and consider relevant provisions. The delinquent juvenile was released on bail.

What did the court decide?

Impugned orders of Juvenile Justice Board and appellate court set aside; delinquent released on bail with conditions and sureties.

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

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Neutral Citation No. - 2023:AHC:166575

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 4860 of 2022

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Revisionist :- X Juvenil Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vikas Tripathi,Ritesh Singh,Shristi Gupta,Suresh Singh Counsel for Opposite Party :- G.A.,Rahul Saxena

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Hon'ble Subhash Chandra Sharma,J.

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Counter affidavit filed by learned counsel for the opposite party No. 2 is taken on record likewise rejoinder affidavit filed by learned counsel for the revisionist is also taken on record.

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Heard Sri Ritesh Singh learned counsel for the revisionist, Sri Rahul Saxena learned counsel for the opposite party No. 2 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 with a prayer to allow this revision and set aside the judgment and order dated 07.10.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Shahjahanpur in Criminal Appeal No. 84 of 2022 as well as order dated 06.09.2022 passed by Juvenile Justice Board, Shahjahanpur. Further prayed to release the revisionist on bail in Complaint Case No. 347 of 2011 under Section 376 of I.P.C. Police Station Katra, District Shahjahanpur.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years 4 months. It is further submitted that on 22.03.2008 occurrence took place in which the delinquent was caused injury with firearm by the husband of the informant regarding which Case Crime No. 122 of 2008 under Section 307 I.P.C. was got registered at the police station concerned on 23.03.2008. In counter-blast, present complaint was filed before the learned court concocting a false story of commission of rape with the daughter of the complainant though there is no any medical report in support of allegation of rape with the victim by the present delinquent. It is further submitted that against the summoning order an application under Section 482 Cr.P.C. was lodged before this Court in which proceedings were

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stayed and remained so till the year 2019. Thereafter, again direction was made by this Court to decide the trial expeditiously but this fact could not come into the knowledge of the delinquent that was the reason he could not appear before the learned court. Since he came to know about the aforesaid order he surrendered before the learned court in the year 2022 and since then he is in jail. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O. He is in Jail since 29.08.2022 and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.

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It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 29.08.2022 and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.

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Learned counsel for the opposite party No. 2 as well as learned A.G.A. opposed the prayer as aforesaid and urged that in spite of knowledge about the order passed by this Court in the year 2019, the delinquent fled away and did not comply the order, as a result trial could not proceed. In case, he is released from jail he will again flew away and trial could not be concluded.

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Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. for the State, the report submitted by the Probation Officer, 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 06.09.2022 and the appellate court dated 07.10.2022 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 his personal bond and two sureties each in the like

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amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-

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(i) The revisionist/ delinquent 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 delinquent will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/ delinquent 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/ delinquent 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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It is also directed that the delinquent will ensure to attend the proceedings of the learned J.J. Board on each and every date fixed in this regard. In case of default, the learned court will be at liberty to proceed against him in accordance with law.

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Order Date :- 18.8.2023 Suraj Srivastav

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

X Juvenil v. State of U.P. and Another

Case brief

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X Juvenil v. State of U.P. and Another

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