Allowed

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

Allahabad HC2 Aug 2023CRLR/4995/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision appeal concerning a juvenile offender. The court set aside the orders of the Juvenile Justice Board and the appellate court due to non-application of judicial mind regarding Section 12 of the Juvenile Justice Act. Bail was granted on furnishing sureties and undertaking conditions.

What did the court decide?

The orders of the Juvenile Justice Board and the appellate court were set aside, and the juvenile was directed to be released on bail.

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

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Neutral Citation No. - 2023:AHC:154482

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 4995 of 2022 Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Udayan Nandan,Shubham Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist as well as learned AGA 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 31.10.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Firozabad in Criminal Appeal No.34 of 2022 as well as order dated 21.05.2022 passed by Juvenile Justice Board, Firozabad. Further prayed to release the revisionist on bail in Case Crime No.42 of 2022 under Sections 395 and 412 I.P.C. Police Station- Narkhi, District- Firozabad.

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It is submitted that in this case the delinquent was aged about 17 years at the time of alleged incident. It is further submitted that FIR has been lodged against the unknown culprits and during investigation the name of present delinquent was brought into light in confessional statement of Saurabh, Vishal and Himanshu who have been granted regular bail by Coordinate Bench of this Court in Criminal Misc. Bail Application Nos.14834 of 2022, 15088 of 2022 and 15962 of 2022 vide orders dated 05.05.2022, 09.05.2022 and 09.05.2022, respectively and the case of present delinquent is on similar footing. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

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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 25.02.2022 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 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, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, 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 21.05.2022 and the appellate court dated 31.10.2022 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 person bond by the revisionist (natural guardian 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/ natural guardian 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/ natural guardian 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/ natural guardian 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 :- 2.8.2023 Harshita

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Digitally signed by :- HARSHITA High Court of Judicature at Allahabad

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

Case brief

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

Case brief

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