Allowed

Juvenile a v. State of U.P. and 3 Others

Allahabad HC3 Aug 2023CRLR/4996/2022

Case brief

AI extract

What is this about?

This court allowed a criminal revision to set aside the orders of the Juvenile Justice Board and appellate court for not applying judicial mind to s. 12 of the Juvenile Justice Act. The juvenile was released on bail under specific conditions including probation reporting and study pursuit.

What did the court decide?

Orders of Juvenile Justice Board and appellate court set aside; revisionist granted bail on bond with two sureties subject to monitoring by Probation Officer.

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

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Neutral Citation No. - 2023:AHC:155756

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 4996 of 2022

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Revisionist :- Juvenile A Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Mohammad Belal Counsel for Opposite Party :- G.A.,Ashok Kumar Singh

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist, learned counsel for the 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 father with a prayer to allow this revision and set aside the judgment and order dated 10.11.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Hapur in Criminal Appeal No. 57 of 2022 as well as order dated 12.10.2022 passed by Juvenile Justice Board, Hapur. Further prayed to release the revisionist on bail in Case Crime No. 392 of 2020 under Section 376, 323, 506 I.P.C. and 5L/6 POCSO Act, Police Station Simbhawali, District Hapur.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 13 years at the time of alleged incident. The age of the victim was 16 and as per allegation in F.I.R. she was subjected to rape three times by the present revisionist and threatening was also given by him to her and her parents. It is further submitted that no any complaint was made by the victim to her parents or to any other person regarding commission of rape with her by the revisionist two times prior to the alleged incident. There is nothing on record to show that rape was committed with her by the present revisionist. On account of village rivalry this F.I.R. was lodged with false allegations. Medical report also does not support the allegation of rape. 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 25.12.2020 i.e. more than two and a half years 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 as well as learned A.G.A. opposed the

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prayer as aforesaid. In this regard the order passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.

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Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. for the State, the time delinquent remained in Child Care Home, 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 12.10.2022 and the appellate court dated 10.11.2022 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 ( 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 :- 3.8.2023 Suraj Srivastav

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

Juvenile a v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Juvenile a v. State of U.P. and 3 Others

Case brief

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