Allowed

Juvenile-X v. State of U.P. and Another

Allahabad HC4 Aug 2023CRLR/4946/2022

Case brief

AI extract

What is this about?

In Criminal Revision, the court set aside the orders of the Juvenile Justice Board and appellate court for not applying judicial mind to Section 12 provisions. The revision praying for release on bail was allowed.

What did the court decide?

Revision allowed; impugned orders of J.J. Board and appellate court set aside; delinquent released on bail subject to personal bond, sureties, and reporting to Probation Officer.

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

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Neutral Citation No. - 2023:AHC:158515

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 4946 of 2022 Revisionist :- Juvenile-X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Sanjay Singh, learned counsel for the revisionist and 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 31.08.2022 passed by Additional District & Sessions Judge/Special Judge (POCSO), Aligarh in Criminal Appeal No.70 of 2022 (Abhishek Chaudhary vs. State of U.P. and another) and judgment and order dated 30.05.2022 passed by learned Principal Magistrate, Juvenile Justice Board, Aligarh in Case Crime No.177 of 2021 (State vs. Abhishek Chaudhary) under Sections 457, 380, 411 I.P.C., Police Station Mahuwa Khera, District Aligarh 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 16 years at the time of alleged incident. Further submitted that on the information of Mukhbir four accused persons including the present delinquent were arrested by the police and recovery of money was shown from their possession regarding which Crime No.38 of 2022, under Sections 398, 401, 411, 413, 414 I.P.C. was registered again at the same time he was involved in several other cases those were Case Crime No.37 of 2022 under Sections 457, 380, 411 I.P.C., Case Crime No.32 of 2022 under Sections 380, 411 I.P.C., Case Crime No.101 of 2021 under Sections 457, 380, 411 I.P.C., Case Crime No.162 of 2021 under Sections 457, 380, 411 I.P.C., Case Case Crime No.148 of 2021 under Sections 457, 380, 411 I.P.C., Case Crime No.09 of 2022 under Sections 457, 380, 411 I.P.C. and Case Crime No.08 of 2022 under Sections 457, 380, 411 I.P.C. in which F.I.R.s were lodged against unknown culprits. Further submitted that there was no any public witness at the time of alleged recovery said to be made from the possession of the present delinquent and other co-accused persons. There is

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nothing on record to show his involvement in all the aforesaid cases. Only for showing the good work police roped him in all the cases falsely and shown the recovery of money relating to all the cases altogether which is totally false. There is no any other prior antecedent against 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 19.02.2022 (i.e. about one and a half year) 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.

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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 and the role of the present delinquent, 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 30.05.2022 and the appellate court dated 31.08.2022 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

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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 :- 4.8.2023/Ashok Gupta

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

Juvenile-X v. State of U.P. and Another

Case brief

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Juvenile-X v. State of U.P. and Another

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