Xxx (Juvenile) Vs State of U.P. and 3 Others — Child Custody and Guardianship | Allahabad HC (2023)

Xxx (Juvenile) Vs State of U.P. and 3 Others — Child Custody and Guardianship | Allahabad HC (2023)

Neutral Citation No. - 2023:AHC:154504

Court No. - 80

Case :- CRIMINAL REVISION No. - 5407 of 2022

Revisionist :- Xxx (Juvenile) Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Satya Priya Mishra Counsel for Opposite Party :- G.A.,Arvind Prabodh Dubey

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the revisionist as well as learned AGA for the State and perused the record.

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 09.11.2022 passed by learned Sessions Judge/ Special Judge (POCSO Act), Gorakhpur in Criminal Appeal No.153 of 2022 as well as order dated 12.10.2022 passed by the Juvenile Justice Board, Gorakhpur. Further prayed to release the revisionist on bail in Case Crime No.190 of 2022 under Sections 147, 148, 149, 341, 323, 324, 302 I.P.C. Police Station-Geeda, DistrictGorakhpur.

It is submitted that the delinquent was aged about 15 years 10 months 24 days. It is further submitted that co-accused Rahul, Vipin and Hemant Nishad who have made assault on the deceased have already been granted bail by coordinate Bench of this Court and the role of the present delinquent cannot be said to be different from that of other co-accused person. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

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 15.06.2022 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.

Learned A.G.A. opposed the prayer as aforesaid.

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.

Accordingly, the orders passed by Juvenile Justice Board dated 12.10.2022 and the appellate court dated 09.11.2022 are, hereby, set aside and present criminal revision is hereby, allowed.

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 :-

(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.

(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.

(iii) Juvenile and the revisionist/ natural guardian will report to the Probation Officer on the first Monday of every calendar month.

(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.

Order Date :- 2.8.2023/Harshita

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