Allowed

Apk Juvenile v. State of U.P. and Another

Allahabad HC6 Dec 2023CRLR/5471/2023

Case brief

AI extract

What is this about?

High Court allowed criminal revision challenging Juvenile Justice Board and appellate court orders for not applying judicial mind. Delinquent released on bail with undertakings and probation supervision.

What did the court decide?

Orders of JJ Board dated 15.4.2023 and appellate court dated 26.7.2023 set aside; delinquent released on bail via natural guardian and sureties with conditions.

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

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Neutral Citation No. - 2023:AHC:230844

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 5471 of 2023

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Revisionist :- Apk Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Tripurari Pal,Vivek Singh Counsel for Opposite Party :- G.A.,Ram M. Kaushik

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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 even in the revised call.

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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 natural guardian 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 26.7.2023 passed by learned Additional Sessions Judge/Additional Special Judge (POCSO Act), Court, Allahabad in Criminal Appeal No. 100 of 2023 as well as order dated 15.4.2023 passed by Juvenile Justice Board, Allahabad. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 318 of 2022, under Sections 147, 148, 149, 302, 323, 336, 506, 34 IPC, Police Station Cantt., District Prayagraj.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 4 months and 9 days at the time of alleged offence. As per allegation in the F.I.R. 10 named persons and 2-3 known persons committed marpeet to the deceased but succumbed injuries and taken to the hospital. In the statement of the injured, the name of the present revisionist was brought into light with other co-accused persons and no any specific role was assigned except general role to all. Other co-accused persons have been enlarged on bail and the case of present revisionist is on similar footing. 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 since 28.10.2022 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 15.4.2023 and the appellate court dated 26.7.2023 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 (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 natural guardian 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 :- 6.12.2023 A. Singh

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

Apk Juvenile v. State of U.P. and Another

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Apk Juvenile v. State of U.P. and Another

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