Allowed

Juvenile X, Thru. His Guradian/Uncle v. State of U.P. Thru. Prin. Secy. Home, Lko

Allahabad HC11 Jun 2024CRLRD/150/2024

Case brief

AI extract

What is this about?

Juvenile accused in a homicide-related case sought bail after rejection by the Juvenile Justice Board and on appeal. The court condoned the filing delay, found no disqualifying material under the statutory proviso, set aside both impugned orders, and released the juvenile to his uncle's custody on bond with conditions against contact with criminals.

What did the court decide?

Juvenile released on bail into uncle's custody with personal bond, two solvent sureties, and conditions on conduct and trial attendance.

Juvenile X, Thru. His Guradian/Uncle vs State of U.P… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43936

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Court No. - 11

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Case :- CRIMINAL REVISION DEFECTIVE No. - 150 of 2024

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Revisionist :- Juvenile X, Thru. His Guradian/Uncle Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko Counsel for Revisionist :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Order on delay condonation application.

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Heard learned counsel for the revisionist/applicant.

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Cause shown in the affidavit filed in support of the delay condonation application is sufficient.

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The application is allowed.

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Delay condoned in filing the revision is condoned.

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Order on revision

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1. This revision has been preferred by the revisionist Juvenile X (Minor) in case crime no. 134 of 2023 under Sections 323, 504, 506, 452, 307, 302/34 I.P.C. Police StationMahararjganj, District--Ayodhya/Faizabad through his uncle against the judgment and order dated 13.10.2023 by which the bail application of the revisionist was dismissed by the Juvenile Justice Board, -Ayodhya/Faizabad as well as order dated 18.1.2024 whereby the criminal appeal was dismissed.

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Heard learned counsel for the revisionist and learned A.G.A for State of U.P.

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Learned counsel for the revisionist has submitted that the revisionist is juvenile and has falsely been implicated in the present case. He has no criminal history. There is no evidence against him. No specific role has been assigned against him. If he is released on bail, he will not misuse the liberty of bail.Coaccused Laxmi and Santram & Aditya having similar has been granted bail by this Court vide order dated 16.2.2024 and 18.3.2024 passed in Criminal Misc. Bail Application Nos. 12755 of 2023 and 20 of 2024 The impugned orders are against the provision of law which are liable to be set aside.

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Learned A.G.A has vehemently opposed the prayer made by the learned counsel for the revisionist and submitted that if the revisionist is released on bail, he will join in the company of habitual criminal,hence he is not entitled for bail.

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Without entering into the merits of the case and considering the fact that there is no material on record as prescribed in the proviso to Section 12 (1) to form a view that the revisionist is not entitled to be enlarged on bail. Consequently, the revision succeeds and is allowed. Both the impugned orders are hereby set aside.

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Let the revisionist Juvenile X through his uncle be released on bail in the aforesaid criminal case and be given into custody of aforesaid natural guardian on furnishing a personal bond with two solvent sureties of relatives of the aforesaid natural guardian each in like amount to the satisfaction of Juvenile Justice Board concerned on the following conditions.

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(i)That, uncle of the revisionist will furnish an undertaking that upon release on bail, the juvenile will not be permitted to go into contact or association with any known or unknown criminal or exposed to any moral or physical danger and will not indulge in any criminal activity and aforesaid natural guardian will make best effort for improvement of juvenile's carrier.

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(ii)That the revisionist and his aforesaid natural guardian shall remain present before the trial court on each date fixed, either personally or through counsel.

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Order Date :- 21.6.2024 Anuj Singh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Juvenile X, Thru. His Guradian/Uncle v. State of U.P. Thru. Prin. Secy. Home, Lko

Case brief

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Juvenile X, Thru. His Guradian/Uncle v. State of U.P. Thru. Prin. Secy. Home, Lko

Case brief

What is this about?

What did the court decide?

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