Allowed

Minor X v. State of U.P. and 3 Others

Allahabad HC13 Jul 2023CRLR/5268/2022

Case brief

AI extract

What is this about?

In this criminal revision, the Allahabad High Court set aside the orders of the Juvenile Justice Board and the appellate court for failing to apply judicial mind to statutory provisions. The court allowed the revision and directed the release of the juvenile delinquent on bail under specific conditions.

What did the court decide?

Orders dated 3.9.2022 (JJB) and 14.11.2022 (Appellate Court) set aside; delinquent released on bail with restrictions on contact with criminals and requirement to report to Probation Officer.

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

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Neutral Citation No. - 2023:AHC:139522

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 5268 of 2022

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Revisionist :- Minor X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Rahul Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for revisionist, learned counsel for opposite party as well as learned A.G.A. for 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 14.11.2022 passed by learned Special Judge (POCSO Act), Azamgarh in Criminal Appeal No. 94 of 2022 as well as order dated 3.9.2022 passed by Juvenile Justice Board, Azamgarh. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 127 of 2022, under Sections 363,366,368,376-D IPC and Section 3/4 of POCSO Act, Police Station Ahraula, District Azamgarh.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years at the time of alleged incident and is languishing in Child Care Home since 27.4.2022. As per allegation made in the F.I.R, the victim was enticed away by the present delinquent with the help of his mother who has already been enlarged on bail. It is further submitted that as per statement made by the victim as recorded under section 164 Cr.P.C she was in relation with the present delinquent one year prior to the present incident. In this way she was volunteer and no any force was used by him in taking her away. There is nothing on record to show that the rape was committed with her by the present delinquent and no any sign of rape was found on her person in medical examination.

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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

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court. The delinquent is in Juvenile Care Home since 27.4.2022 and four months 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 Juvenile Justice Board dated 3.9.2022 and the appellate court dated 14.11.2022 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 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

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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 :- 13.7.2023 G.S

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

Minor X v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Minor X v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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