Dismissed

X Juvenile v. State of Up and another

Allahabad HC15 Jul 2024CRLR/450/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a criminal revision filed by a juvenile accused challenging refusal of bail. The accused, aged 16 at the time of the incident, has an extensive criminal history. The Court found no jurisdictional error in the Lower Courts' refusal to grant bail.

What did the court decide?

The criminal revision was dismissed; the earlier orders refusing bail were upheld.

X Juvenile vs State of Up and another — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:113091

¶2

Court No. - 64

¶3

Case :- CRIMINAL REVISION No. - 450 of 2024

¶4

Revisionist :- X Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajat Agarwal,Vir Pratap Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Vir Pratap Singh, the learned counsel for revisionist and the learned A.G.A. for State.

¶7

Perused the record.

¶8

This criminal revision has been filed challenging the judgment and order dated 21.4.2023 passed by Juvenile Justice Board, Hamirpur, in Case Crime No. 241 of 2021, under Sections 147, 148, 149, 307, 323, 325, 504, 506 IPC, P.S. Jariya, District Hamirpur, whereby the prayer for bail made by applicant was negated and also the judgement and order dated 20.12.2023 passed by the Child Judge, Hamirpur, whereby Criminal Appeal No. 44 of 2023 ('X' Vs. State of U.P.), whereby aforesaid appeal, arising out of judgement and order dated 21.4.2023 and 17.12.2023 has been dismissed.

¶9

Learned counsel for revisionist contends that on the date of occurrence, age of the revisionist was 16 years 4 months and 16 days. The revisionist is in jail since 13.11.2021. As such, he has undergone more than 2 years and 8 months of incarceration. The Police report in terms of Section 173 (2) Cr. P. C. has already been submitted before the concerned Juvenile Justice Board. The trial has already commenced Revisionist-applicant has criminal history of 22 cases. Out of aforesaid, 15 cases were imposed against the revisionist-applicant in the year 2021 itself on account of police enmity. On the above premise, it is urged that revisionist is liable to be enlarged on bail. In case, the revisionist is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with the trial.

¶10

Per contra, the learned A.G.A. for State has opposed the present criminal revision. He submits that there is criminal history of applicant-revisionist. Seven cases were registered against revisionist-applicant prior to the year 2021 even of therefore, the commencement of police enmity. As such, revisionist is a habitual offender. The learned A.G.A. contends that in view of law laid down by Apex Court in Neeru Yadav Vs. State of U.P. and another, 2016 (15) SCC, 422, applicant does not deserve to be enlarged on bail. He, therefore, contends that Courts below have not committed any illegality in refusing bail to the revisionist. As such, the criminal revision is liable to be dismissed.

¶11

When confronted with above, the learned counsel for revisionist could not overcome the same.

¶12

Having heard the learned counsel for revisionist, the learned A.G.A., and upon perusal of record, this Court finds that Courts below while passing the orders impugned have neither committed a jurisdictional error nor they have exercised their jurisdiction with such material irregularity which may vitiate the order impugned.

¶13

As a result, present criminal revision fails and is liable to be dismissed.

¶14

It is, accordingly, dismissed.

¶15

Order Date :- 15.7.2024 HSM

¶16

Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad

X Juvenile v. State of Up and another

Case brief

What is this about?

What did the court decide?

X Juvenile v. State of Up and another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Keshaw Singh vs State of Up and Another

Vijendra Vasudeo vs State of U.P. and Another

Kaushal Kumar Ojha vs State of U.P. and 2 Others

Faizan Saifi vs State of U.P. and Another

Ranjeet and Another vs State of U.P. and Another

Jagdish Yadav vs State of Up and Another