Allowed

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

Allahabad HC12 Aug 2024CRLR/2960/2024

Case brief

AI extract

What is this about?

Juvenile sought bail in theft-related case; Sessions Judge had upheld JJB refusal. High Court held bail to juvenile is rule and rejection exception, found no material showing moral or psychological danger, set aside both orders, and released the juvenile on bail with conditions including guardian undertaking and probation officer vigilance.

What did the court decide?

Juvenile released on bail on father's personal bond with two solvent sureties, subject to conditions; impugned orders set aside.

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

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Neutral Citation No. - 2024:AHC:149677

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Court No. - 71

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Case :- CRIMINAL REVISION No. - 2960 of 2024

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Revisionist :- Xxx Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Manvendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the revisionist, learned AGA for the State and perused the material placed on record.

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The present criminal revision has been filed under Section 102 of Juvenile Justice Act, 2015 against the judgement and order dated 06.03.2024 passed by Additional Sessions Judge, Bareilly in Criminal Appeal No. 48 of 2023, arising out of order dated 28.10.2023 passed by Juvenile Justice Board, Bareilly passed in Case Crime No. 355 of 2023, under Sections 379 and 411 of IPC, Police Station Baradari, District Bareilly whereby the appeal of the revisionist has been rejected and the order dated 28.10.2023 passed by Juvenile Justice Board, Bareilly has been affirmed.

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It is submitted by the learned counsel for the revisionist that applicant is not named in the FIR. The bike has been recovered from the joint possession of the applicant and other co-accused Sonu and Lakhan. Nothing adverse was noted in the report submitted by the District Probation Officer. It is also submitted that learned Juvenile Justice Board did not give any reason to reject the bail application of the revisionist. The report of District Probation Officer concerned is in favour of the revisionist which is completely ignored by Juvenile Justice Board while passing the impugned order. The revisionist has criminal history of two cases having Case Crime No.408 of 2023, under Section 411, 413, 414 and Case Crime No. 355 of 2023 under Section 379, 411 to his credit which are mentioned in the impugned order dated 06.03.2024. It is further submitted from perusal of report of District Probation Officer, no conclusive material was available on record, which dissuade the Court to release him on bail despite being juvenile. It is further argued that in case, the revisionist is released on bail, he would not misuse the liberty of bail and shall cooperate in the trial.

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From perusal of Section 12 of the Juvenile Justice Board Act, 2015, it is clear that bail to juvenile is a rule and rejected is exception.

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In the present case, there is no material in the report of District Probation Officer that if the revisionist-applicant is released on bail, he may expose to moral and psychological danger to the society.

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In view of the above, the present revision is allowed.

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Order dated 06.03.2024 passed by Additional Sessions Judge, Bareilly in Criminal Appeal No. 48 of 2023, and impugned order dated 28.10.2023 passed by Juvenile Justice Board, Bareilly passed in Case Crime No. 355 of 2023, under Sections 379 and 411 of IPC, Police Station Baradari, District Bareilly are hereby set aside.

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Let the revisionist, Juvenile "X' through his natural guardian father Mahesh Babu son of Sri Manohar Lal, resident of MohallaKatra Chand Khan, Old City, Maurya Mandir, P.S. Baradari, District Bareilly be released on bail in Case Crime No. 355 of 2023, under Sections 379, 411 I.P.C. P.S-Baradari, DistrictBareilly upon his father furnishing a personal bond with two solvent sureties, each in the like amount to the satisfaction of the Juvenile Justice Board, Bareilly subject to the following conditions:

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(i) that the natural guardian father/mother 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 father/mother will ensure that the juvenile will not indulge in any criminal activity;

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(ii) The revisionist shall not tamper with the evidence or threaten the witnesses;

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(iii) The District Probation Officer shall 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, Bareilly on such periodical basis as the Juvenile Justice Board may determine.

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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 and

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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 :- 12.9.2024 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

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

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

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