Allowed

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

Allahabad HC21 Aug 2024CRLR/1748/2024

Case brief

AI extract

What is this about?

In a criminal revision, the Allahabad High Court allowed the revision filed by a juvenile accused of sexual assault to set aside the order refusing bail and granted bail to the revisionist subject to conditions including reporting to the probation officer and avoiding criminal association.

What did the court decide?

The revisionist was directed to be released on bail subject to furnishing a personal bond with sureties and complying with reporting and supervision conditions.

X Juvenile Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:134756

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Court No. - 64 Case :- CRIMINAL REVISION No. - 1748 of 2024

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Revisionist :- X Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Brij Raj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Brij Raj Singh, learned counsel for the revisionist and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records.

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The present revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been preferred by the revisionist- X Juvenile to allow the present revision and set-aside the order dated 14.03.2024 passed by the Children Court / Special Judge (POCSO Act), Kasganj in Criminal Misc. Bail Application No. 395 of 2024 in S.C. No. 143 of 2024 arising out of Case Crime No. 225 of 2023, under Section 376, 506 and 458 I.P.C., Police Station Sahawar, District Kasganj with a further prayer to grant bail to the juvenile revisionist in the aforesaid case, during the pendency of his trial before the court concerned.

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The first information report of the present matter was lodged on 23.07.2023 by the opposite party no.2 / victim against the revisionist and 03 other persons alleging therein that she is aged about 20 years and the revisionist on a false promise to marry has been indulging with her in physical relationship since the last 2-3 years. When she told about it to her father, he on 21.07.2023 went to his house with the request for marriage which was refused who then returned back. On 22.07.2023 at about 7.30 pm when her family members had gone to her maternal grandfather's house the revisionist finding her alone came to her house and forcibly took her in a room and committed forcible sexual assault on her. On resenting and shout people of the locality came there and saved her but the revisionist ran away taking benefit of the crowd. The other accused persons are pressurizing her for settling the dispute and in the event if she does not settle the dispute, she is threatened of life. A first information report be lodged and action be taken.

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Learned counsel for the revisionist submits that the revisionist is a minor boy aged about 16 years 11 months 06 days. It is submitted that he victim / first informant is a major woman aged

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about 20 years on her own showing in the first information report. It is submitted that the relationship between the revisionist and the victim was continuing since the last 2-3 years but it was only once the discussion of marriage between them was refused by the family members of the revisionist, the present first information report has been lodged. It is submitted that the family members of the revisionist are educated persons as reported by the District Probation Officer. It is submitted that the revisionist was previously involved in a case but has been granted bail, paragraph 23 of the affidavit has been placed before the Court. It is submitted that the revisionist is in jail since 01.08.2023 and his further incarceration in jail may lead to his being becoming familiar with hardened criminals. It is submitted that the present revision thus be allowed and the revisionist be directed to be enlarged on bail.

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Per contra , learned counsel for the State opposed the prayer for bail.

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After having heard learned counsel for the parties and perusing the record, it is evident that the victim / first informant is a major woman. There had been relationship between the revisionist and the victim since the last 2-3 years on a promise to marriage and they indulged in physical relationship and only after refusal of an offer of marriage by the family members of the revisionist, the present first information report has been lodged.

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The present revision is allowed . The impugned judgement and order dated 14.03.2024 passed by the Children Court / Special Judge (POCSO Act), Kasganj in Criminal Misc. Bail Application No. 395 of 2024 in S.C. No. 143 of 2024 arising out of Case Crime No. 225 of 2023, under Section 376, 506 and 458 I.P.C., Police Station Sahawar, District Kasganj in the aforesaid case is hereby set aside. The bail application of the revisionist is allowed.

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Let the revisionist (X juvenile) through his natural guardian/father Ikrar Ahmad be released on bail in the aforesaid case on his father furnishing a personal bond with two sureties in the like amount to the satisfaction of the Juvenile Justice Board, Kasganj, subject to the following conditions:

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(i) that the natural guardian/father 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 be exposed to any moral, physical or psychological danger and further that the juvenile will not repeat the offence.

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(ii) that the guardian/father will further furnish an undertaking to the effect that the juvenile will be placed in a school and encouraged to his studies and not allow to waste his time in unproductive and mere recreational pursuits.

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(iii) The revisionist and his father will report to the District Probation Officer on the first Monday of every month with effect from the first Monday of the month next after release from custody, and, if during any calendar month the first Monday falls on a holiday then on the following working day.

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(iv) The District Probation Officer will keep strict vigil on the activities of the revisionist and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such periodical basis as the Juvenile Justice Board determines.

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Order Date :- 22.8.2024 AS Rathore

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(Samit Gopal,J.)

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

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

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

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