Allowed

Juvenile Delinquent 'a' Thru. His Mother Jannatun Nisha v. State of U.P. Thru. Prin. Secy. Home, Lko. and 3 Others

Allahabad HC22 Mar 2024/74/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the criminal revision and set aside the impugned orders rejecting the bail application. It directed the release of the juvenile delinquent on bail with two solvent sureties and imposed specific conditions for supervision, education, and reporting to the Probation Officer. The court held that its observations were limited to the bail decision.

What did the court decide?

Revision allowed; impugned orders set aside; juvenile released on bail with guardians furnishing bond and sureties subject to conditions of supervision and education.

Juvenile Delinquent 'a' Thru. His Mother Jannatun Nisha Vs State of U.P. Thru. Prin. Secy. Home, Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:25833

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Court No. - 27

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Case :- CRIMINAL REVISION No. - 74 of 2023

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Revisionist :- Juvenile Delinquent 'A' Thru. His Mother Jannatun Nisha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 3 Others

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Counsel for Revisionist :- Ajay Kumar Singh,Mahesh Kumar Sharma,Sandeep Kumar Srivastava

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Counsel for Opposite Party :- G.A.,Praveen Kumar Pandey,Sachin Verma

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anil K. Tripathi, learned counsel for the revisionist, Ms. Parul Khan, the learned A.G.A appearing on behalf of the State and perused the record.

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The instant criminal revision has been filed under Section 102 of the Juvenile Justice (Care and Protection) Act, 2015, challenging the validity of order dated 14.12.2022 passed by the court of learned Additional Sessions Judge/Special Judge (POCSO Act), IInd Raebareli in Criminal Appeal No. 53/2023 (Child Delinquent 'A' Versus State of U.P.) and order dated 11.11.2022 passed by Juvenile Justice Board, Raebareli in Case No. 137/2022 relating to Case Crime No. 0016/2022, Under Section-363, 366, 342, 376 (D) I.P.C. & Section- 5/6 of the POCSO Act, Police Station- Jais, District-Amethi.

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The opposite party no.2 had lodged an F.I.R no.0016 of 2022 on 04.02.2022 lodged at Police Station- Jais, District- Amethi alleging that the applicant had enticed away the complainant's sister. In the medico-legal examination report of the victim, no injury or any sign of use of force was found on any part of her body.

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In the statement of the victim recorded under Section 161 Cr.P.C, she alleged commission of rape by all the three accused persons.

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One of the co-accused persons namely Ishtiyaq has been granted bail by means of order dated 20.02.2024 passed by this Court in Criminal Misc. Bail Application No.13934 of 2022.

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The State has filed a counter affidavit annexing therewith a copy of the medico-legal examination report, which is already

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annexed with the revision.

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A copy of the Social Inquiry Report of the revisionist mentions that the revisionist has no criminal history.

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Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the revisionist is entitled to be released on bail.

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Accordingly, the revision is allowed. The impugned order dated 11.11.2022 passed by Juvenile Justice Board, Raebareli rejecting the bail application of the revisionist and the judgment and order dated 14.12.2022 passed by the court of learned Additional Sessions Judge/Special Judge (POCSO Act), IInd Raebareli, dismissing the Criminal Appeal No. 53/2023 (Child Delinquent 'A' Versus State of U.P.) are hereby set aside.

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Let the revisionist- Juvenile Delinquent 'A' Thru. His Mother Jannatun Nisha be released on bail in the Case Crime No. 0016/2022, Under Section-363, 366, 342, 376 (D) I.P.C. & Section- 5/6 of the POCSO Act, Police Station- Jais, DistrictAmethi upon his guardian furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Raebareli, subject to the following conditions:-

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(i) the natural guardian will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the guardian will ensure that the juvenile will not indulge in any criminal activity;

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(ii) 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.

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(iii) juvenile accompanied by his natural guardian, will report to the Probation Officer on the first working day of every calendar month. The D.P.O. shall maintain a diary recording their attendance.

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(iv) The District Probation Officer will keep 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, Raebareli .

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application

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and will in no way be construed as an expression on the merits of the case. The trial court/J.J.Board shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.

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Order Date :- 22.3.2024 Vipul

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Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad, Lucknow Bench

Juvenile Delinquent 'a' Thru. His Mother Jannatun Nisha v. State of U.P. Thru. Prin. Secy. Home, Lko. and 3 Others

Case brief

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What did the court decide?

Juvenile Delinquent 'a' Thru. His Mother Jannatun Nisha v. State of U.P. Thru. Prin. Secy. Home, Lko. and 3 Others

Case brief

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What did the court decide?

What the court decided

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