Allahabad High Court
Mr. X (Minor) vs State Of U.P. And Another on 20 October, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 91 Case :- CRIMINAL REVISION No. - 2737 of 2022 Revisionist :- Mr. X (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Abhishek Gupta Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard Sri Mahtab Alam, Advocate holding brief of Sri Abhishek Gupta, learned counsel for the revisionist and learned A.G.A. for the State.
2. Perused the record.
3. This criminal revisions has been filed under section 102 Juvenile Justice Act, 2015 with a prayer to set-aside the order dated 01.04.2022 passed by the Juvenile Justice Board, Baghpat and order dated 14.06.2022 passed by the Additional District and Sessions Judge/Special Judge (POCSO Act), Baghpat in Criminal Appeal No.36 of 2022 by which the order of the Juvenile Justice Board was affirmed and bail to the juvenile was declined in a matter arising out of Case Crime No.315 of 2021, under sections 302, 460, 34 I.P.C., Police Station- Singhawali Ahir, District- Baghpat.
4. In this case, an F.I.R. was lodged against unknown persons with the allegations that one Subhash has been killed by some unknown persons on 07.10.2021. Investigation commenced and statement of co-accused, who was admittedly not named in the F.I.R. and whose involvement came to surface on the basis of recovery of weapon of offence, viz., rod, made a confessional statement before the police and on the basis of that confessional statement, the name of the present juvenile came into light. The only role assigned to him is that two of the main accused went for the purpose of stealing some valuable items, however, a scuffle ensued with the deceased and both of them killed the deceased by giving him blows from the rod held by them and this juvenile was made to guard the place of occurrence by standing outside. After investigation, a charge-sheet was submitted against all the three accused.
5. It is contended on behalf of the revisionist that the case of this juvenile stands in a better footing than the case of other co-accused persons and one of the other co-accused persons, i.e., Shivam Kashyap has been enlarged on bail by a Bench of this Court vide order dated 06.08.2022 passed in a Criminal Misc. Bail Application No.16814 of 2022 and this juvenile is still in detention since 09.10.2021, i.e., more than a year has been elapsed since then. My attention has also been drawn to the fact that juvenile has had no criminal history and that he needs to continue his studies; is aged about 17 years.
6. Learned A.G.A. has opposed the bail but has not disputed the factual aspects of the matter as noted in the preceding paragraphs.
7. I perused the impugned orders; it appears that the Juvenile Justice Board has put much reliance on the District Probation Officer's report in declining the bail; likewise, the appellate court after discussing the relevant law has declined the bail observing that his release will expose him to any physical, moral or psychological danger and that he my again can be involved in some heinous kind of offence. However, it appears that there was no material, whatsoever, for drawing such an inference. The juvenile is in detention since last one year.
8. Considering the nature of the evidence as available against him, the period of detention, the parity of bail and also the fact that there has been nothing adverse in the District Probation Officer's report for declining bail to the juvenile, I am of the view, the present revision deserves to be allowed.
9. In view of the above, present revision is allowed and the order dated 14.06.2022 passed by Additional District and Sessions Judge/Special Judge (POCSO Act), Baghpat and dated 01.04.2022 passed by Juvenile Justice Board, Baghpat are hereby set-aside.
10. Let the revisionist, Minor "X", through his natural guardian/father- "Y", R/o Village- Pilana, Police Station- Singhawali Ahir, District- Baghpat be released on bail in Case Crime No.315 of 2021, under sections 302, 460, 34 I.P.C., Police Station- Singhawali Ahir, District- Baghpat upon his father furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board, Baghpat subject to the following conditions:-
(i) The guardian of the juvenile shall furnish an undertaking that he will keep an eye on all the activities of the minor and shall not let him come in association with any criminal elements and shall also take measures for enabling him to continue his studies from now on as a regular student in an academic institution.
(ii) The District Probation Officer shall visit his place of residence as well as his educational institution and keep a strict vigil on his activities. In case, any objectionable activity is noticed by him, he shall report the matter to the concerned Court/Board with a view to take suitable action against him.
It is made clear that any other condition can be added by the court concerned, as and when required, as per the provisions applicable in the matter.
Order Date :- 20.10.2022 Saif