Allowed

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

Allahabad HC27 Jul 2023CRLR/983/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal revision filed on behalf of a juvenile delinquent, setting aside orders by the Juvenile Justice Board and appellate court for not applying judicial mind to Section 12 of the Juvenile Justice Act. The revisionist was released on bail.

What did the court decide?

The impugned orders were set aside and the revisionist was released on bail by executing a personal bond and obtaining two sureties.

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

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Neutral Citation No. - 2023:AHC:151153

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 983 of 2023

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Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ravi Prakash Singh,Shiv Pratap Singh 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 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 3.2.2023 passed by learned Special Judge( POCSO Act)/ Additional Session Judge, Fatehpur in Crl. Appeal No.80 of 2022 as well as order dated 29.11.2022 passed by Juvenile Justice Board, Fatehpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 572 of 2022, under Sections 392, 120B, 411, Police Station Kotwali, District Fatehpur.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was juvenile at the time of the alleged incident and is languishing in Child Care Home for a period of one year. It is further submitted that he was not named in the F.I.R but in the confessional statement of co-accused Sachin Singh, his name was brought into light. Co-accused Sachin Singh has already been granted regular bail by coordinate bench of this Court in Crl. Misc. Bail Application No.50249 of 2022 by order dated 10.11.2022. There is no any specific allegation against the present delinquent. The recovery shown by the Investigating Officer is false.

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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 court. The delinquent is in Juvenile Care Home for a period of one year and and his psychology

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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 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 Magistrate,Juvenile Justice Board 29.11.2022 and the appellate court dated 3.2.2023 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 (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/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 :- 27.7.2023

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G.S

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

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

Case brief

What is this about?

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

Case brief

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What did the court decide?

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