Allahabad High Court
X- Juvenile vs State Of U.P. And Another on 5 September, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:144568 Court No. - 64 Case :- CRIMINAL REVISION No. - 1221 of 2024 Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anurag Yadav,Mahendra Pratap Counsel for Opposite Party :- G.A.,Prateek Pandey Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Anurag Yadav, learned counsel for the revisionist, Sri Birendra Pratap Singh, learned A.G.A. for the State and perused the material on record.
3. Sri Prateek Pandey, learned counsel for the opposite party no. 2 is not present even when the matter has been taken up in the revised list.
4. The present revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been preferred by the revisionist-X Juvenile against the order dated 27.02.2024 passed by Additional Sessions Judge (Rape & POCSO), Court No. 5, Baghpat in Criminal Appeal No.06 of 2024 as well as order dated 31.1.2024 passed by Principal Magistrate, Juvenile Justice Board, Baghpat arising out of Case Crime No.529 of 2023, u/s 302, 394, 411 IPC, P.S. Baraut, District Baghpat, whereby the court of Additional Sessions Judge (Rape & POCSO), Court No. 5, Baghpat has rejected the said criminal appeal preferred against the impugned order dated 31.01.2024 passed by Principal Magistrate, Juvenile Justice Board, Baghpat by which application for bail of the revisionist was rejected.
5. The FIR of the matter was lodged on 30.7.2023 by Sattar against unknown person alleging therein that his nephew Anas aged about 18 years went at the tube well outside the village. At about 4.30 p.m. 03 unknown persons came there and assaulted him on his chest with knife. On shout of Faisal, family members reached there and took him to the hospital where he was declared dead. A report be lodged.
6. Learned counsel for the revisionist submitted that the revisionist is not named in the First Information Report. It is submitted that implication of the revisionist is on the basis of suspicion only. Further it is submitted that name of the revisionist surfaced in the present matter for the first time in the statement of Alam. It is submitted that even in the said statement the revisionist has not been assigned any specific act. It is submitted that in the present matter co-accused Aditya is the main assailant. It is further submitted that the deceased was found to have received a single incised wound on his body although there is one other injury noted as abrasion but the same did not contribute to his death. It is submitted that the revisionist has no criminal history as stated in para- 40 of the affidavit filed in support of stay application. He is in observation home since 13.08.2023. Hence present revision deserves to be allowed.
7. Per contra, learned counsel for the State opposed the prayer.
8. After having heard learned counsel for the parties and perusing the records, it is evident that the revisionist is not named in the F.I.R. His name surfaced for the first time in the statement of Alam and even there no specific act has been assigned to the revisionist. Co-accused Adiya is the main assailant. The the deceased was found to have received a single incised wound on his body although there is one other injury noted as abrasion but the same did not contribute to his death. The revisionist has no criminal history.
9. The present revision is allowed. The impugned order dated 27.02.2024 passed by Additional Sessions Judge (Rape & POCSO), Court No. 5, Baghpat in Criminal Appeal No.06 of 2024 as well as order dated 31.1.2024 passed by Principal Magistrate, Juvenile Justice Board, Baghpat on the application for bail in Case Crime No.529 of 2023, u/s 302, 394, 411 IPC, P.S. Baraut, District Baghpat are hereby set aside. The bail application of the revisionist is allowed.
10. Let the revisionist (X juvenile) through his natural guardian/father Kanwar Pal Singh be released on bail in the aforementioned case crime number on his father furnishing a personal bond with two sureties in the like amount to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Baghpat, subject to the following conditions:
(i) that the natural guardian/father 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 be exposed to any moral, physical or psychological danger and further that the juvenile will not repeat the offence.
(ii) that the guardian/father will further furnish an undertaking to the effect that the juvenile will be placed in a school and encouraged to his studies and not allow to waste his time in unproductive and mere recreational pursuits.
(iii) The revisionist and his mother will report to the District Probation Officer on the first Monday of every month with effect from the first Monday of the month next after release from custody, and, if during any calendar month the first Monday falls on a holiday then on the following working day.
(iv) The District Probation Officer will 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 concerned on such periodical basis as the Juvenile Justice Board determines.
(Samit Gopal,J.) Order Date :- 5.9.2024 Naresh