Allowed

X- Juvenile v. State of U.P. and Another

Allahabad HC6 Jul 2023CRLR/863/2023

Case brief

AI extract

What is this about?

This is a criminal revision filed by a juvenile's father against orders refusing bail. The High Court held that the Juvenile Justice Board and appellate court failed to consider Section 12 of the Juvenile Justice Act and relevant material.

What did the court decide?

Impugned orders of Juvenile Justice Board and appellate court set aside; criminal revision allowed; juvenile released on bail via personal bond by father and two sureties under strict conditions.

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

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Neutral Citation No. - 2023:AHC:132914

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 863 of 2023

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Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Raj Kumar Dhama,Anil Kumar Ojha Counsel for Opposite Party :- G.A.,Pankaj Sharma

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for revisionist, Sri S.K. Upadhyay, Advocate holding brief of Sri Pankaj Sharma, learned counsel for opposite party no. 2 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 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 31.1.2023 passed by learned Additional District and Sessions Judge, Court No. 18 Ghaziabad in Criminal Appeal No. 201 of 2017 as well as order dated 6.12.2022 passed by Juvenile Justice Board, Ghaziabad. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 519 of 2022, under Sections 302, 201/34 IPC, Police Station Tronica City, District Ghaziabad.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was not named in the F.I.R. but it was against Sameer @ Sher Khan. During investigation, the confessional statement of Sameer @ Sher Khan and Saif were recorded and batball was said to be recovered at their instance. Allegation against the present delinquent was that he took the scooty of the deceased and threw it in the Jungle. No any specific role for causing injuries to the deceased has been assigned to the present delinquent. Further submitted that co-accused Sameer @ Sher Khan and Saif Ali have already been granted regular bail by coordinate Bench of this Court vide orders dated 24.4.2023 and 8.2.2023 in Criminal Misc. Bail Application Nos. 10189 of 2023 and 1297 of 2023. Further submitted that the present delinquent was minor aged about 15 years and 10 months at the time of alleged commission. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as

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contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court. The learned J.J. Board did not consider all these facts while deciding the bail application and the learned appellate court also did not consider the material available on record while rejecting the appeal which cannot be said to be lawful. The delinquent is in Juvenile Care Home since 13.9.2022 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 counsel for opposite party no. 2 as well as 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 order 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 6.12.2022 and the appellate court dated 31.01.2023 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 (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

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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 :- 6.7.2023 A. Singh

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

X- Juvenile v. State of U.P. and Another

Case brief

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X- Juvenile v. State of U.P. and Another

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