Allowed

X- (Minor) v. State of U.P. and Another

Allahabad HC29 Aug 2023CRLR/5440/2022

Case brief

AI extract

What is this about?

Allowed revision challenging Juvenile Justice Board and appellate court orders for not considering material and Section 12 of the Juvenile Justice Act. Set aside impugned orders and granted bail to the juvenile delinquent with probation conditions.

What did the court decide?

Set aside orders of J.J. Board and appellate court; release delinquent on bail with father as surety under specific conditions of supervision, education, and probation reporting.

X- (Minor) Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:174096

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 5440 of 2022

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Revisionist :- X- (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Shahroze Khan Counsel for Opposite Party :- G.A.,Arvind Kumar

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Hon'ble Subhash Chandra Sharma,J.

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List revised. None appeared on behalf of opposite party no. 2.

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Heard learned counsel for revisionist, 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 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 judgment and order dated 5.12.2022 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Siddharth Nagar in Criminal Appeal No. 66 of 2022 as well as order dated 1.11.2022 passed by Juvenile Justice Board, Siddharth Nagar. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Criminal Case No. 35 arising out of Case Crime No. 16 of 2021, under Sections 302, 34 IPC, Police Station Itwa, District Siddharth Nagar.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years and 17 days at the time of alleged offence. Further submitted that he was not named in the F.I.R. for committing murder of the deceased with other co-accused persons but during course of investigation, his name was brought into light with other two co-accused persons namely, Pintu and Vipin. There is no any direct evidence on record to show the complicity of the present revisionist in committing murder of the deceased. The pant and sweater wore by the revisionist are said to be recovered from his house but there is no forensic report on record to show that human blood was found on the cloth. Inquiry is being conducted by learned J.J. Board but no any witnesses have been examined, it shows that the conclusion of inquiry is not possible in near future. It is also submitted that there is nothing on record to show the complicity of present delinquent. 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 court while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home

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since 22.1.2021 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. opposed the aforesaid prayer.

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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 Juvenile Justice Board dated 1.11.2022 and the appellate court dated 5.12.2022 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 (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 :- 29.8.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

X- (Minor) v. State of U.P. and Another

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X- (Minor) v. State of U.P. and Another

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