Juvenile X in Case Crime No 330 of 2023 Thru… — Murder and Culpable Homicide | Allahabad HC (2025)

Juvenile X in Case Crime No 330 of 2023 Thru… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed; both impugned orders (JBB order dated 19.04.2024 and Additional Session Judge order dated 22.05.2024) set aside; revisionist juvenile directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each (close relatives), subject to parental-supervision conditions regarding education, betterment and conduct.

Issue for consideration

Whether the factors provided in the proviso of sub-section (1) of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 applied so as to preclude release of the revisionist juvenile on bail. +1 more

Court's answer

This Court prima facie believes that the factors provided in the proviso of sub-section (1) of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 did not apply in this case; considering the statement of injured witnesses, the role assigned to the revisionist, lack of corroborative evidence, the D.P.R.O. report, absence of criminal history and the period of incarceration undergone, the bail application is allowed.

Ratio / Principle

The judgment and order dated 19.04.2024 of the Juvenile Justice Board, Sultanpur in Case Crime No.330/2023 and the order dated 22.05.2024 of the Additional Session Judge/Room No.13, Sultanpur in Criminal Appeal No.25/2024 are set aside and the revisionist is directed to be released on bail.

Key takeaways

Release on bail is on a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board; both sureties must be close relatives of the revisionist juvenile, and the parent must take care of his education and betterment, not allow indulgence in any criminal activity and keep constant check on his activities.ratio¶17

Detailed headnote1 paragraphs

Criminal Revision No. 637 of 2024, Allahabad HC (Lucknow Bench), Karunesh Singh Pawar, J., decided 7.3.2025: Revision by juvenile X (stated age 17 years, 11 months and 14 days at offence; no criminal history) in Case Crime No.330/2023 under Sections 302, 323, 34 IPC, P.S. Akhand Nagar, Sultanpur, seeking quashing of (i) judgment and order dated 19.04.2024 of the Juvenile Justice Board, Sultanpur and (ii) order dated 22.05.2024 of the Additional Session Judge/Room No.13, Sultanpur in Criminal Appeal No.25/2024. Counsel argued the orders were passed de hors Section 12 of the Juvenile Justice Act; F.I.R. assigned only general role to accused persons and injured Sachin Gaud assigned no role to the revisionist; prosecution case rested on co-accused confession and disputed knife recovery; D.P.R.O. report made no adverse remark. Held: prima facie the factors in the proviso to sub-section (1) of Section 12, Juvenile Justice (Care and Protection of Children) Act, 2015 did not apply; considering injured witnesses' statements, role assigned, want of corroborative evidence, D.P.R.O. report, clean record and incarceration undergone, bail allowed; both impugned orders set aside; release on bail bond of Rs.10,000/- with two sureties of like amount each (both to be close relatives), parent to attend to education and betterment, prevent criminal activity and keep constant check on activities.

Neutral Citation No. - 2025:AHC-LKO:14174

Court No. - 16

Case :- CRIMINAL REVISION No. - 637 of 2024

Revisionist :- Juvenile X In Case Crime No 330 Of 2023 Thru. His Mother Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another

Counsel for Revisionist :- Brijesh Kumar Yadav,Bhupendra Veer Singh

Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the revisionist, learned A.G.A. for the State-respondent.

None appears for respondent No.2 although notices is served.

The present criminal revision has been filed to quash the judgment and order dated 19.04.2024 passed by the Juvenile Justice Board, Sultanpur in Case Crime No.330/2023, under Sections 302, 323, 34 IPC, P.S. Akhand Nagar, District Sultanpur and order dated 22.05.2024 passed by Additional Session Judge/ Room No.13, Sultanpur in Criminal Appeal No.25/2024.

Learned counsel for the revisionist submits that the impugned orders dated 19.04.2024 and 22.05.2024 have been passed de hors the provisions of Section 12 of the Juvenile Justice Act.

It is next submitted that in the F.I.R. general role has been assigned to all the accused persons. The injured Sachin Gaud has not assigned any role to the present revisionist. Except the confessional statement of the co-accused, revisionist and the false recovery of knife from the pointing out of applicant, no other material is available with the prosecution. Revisionist was juvenile at the time of offence, he was 17 years, 11 months and 14 days old. Revisionist has no criminal history. The D.P.R.O. in it's report has not made any adverse remark against the revisionist.

Learned A.G.A. has opposed the revision petition.

Perused the record.

On due consideration to the statement of injured witnesses, the

role assigned to the present revisionist, lack of corroborative evidence to support the prosecution case, the D.P.R.O. report and the fact that revisionist has no criminal history and this Court prima facie believes that factors provided in the proviso of sub-section (1) of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 did not apply in this case so also the period of incarceration gone into by the revisionist, the bail application is allowed.

The judgment and order dated 19.04.2024 passed by the Juvenile Justice Board, Sultanpur in Case Crime No.330/2023, under Sections 302, 323, 34 IPC, P.S. Akhand Nagar, District Sultanpur and order dated 22.05.2024 passed by Additional Session Judge/ Room No.13, Sultanpur in Criminal Appeal No.25/2024, are set aside and the revisionist is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Juvenile Justice Board subject to the condition that parent of the revisionist will take care of his education and betterment and will not allow to indulge him in any criminal activity and will keep constant check on his activities. Both the sureties are directed to be close relatives of the revisionist juvenile.

Order Date :- 7.3.2025 Saurabh Yadav/-

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench