X- Minor vs State Of U.P. And 3 Others on 31 August, 2024

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Allahabad High Court

X- Minor vs State Of U.P. And 3 Others on 31 August, 2024

2. Heard Sri Piyush Dube, Advocate holding brief of Sri Vikek Sharma, learned counsel for the revisionist, Sri Pradeep Kumar, learned counsel for the opposite party no.2, Sri Birendra Pratap Singh, learned A.G.A for the State and perused the record.

3. 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 judgement and order dated 1.5.2024, passed by Addl. District and Sessions Judge/Special Judge (POCSO Act), Amroha in Criminal Appeal No.43/2024 as well as order dated 16.4.2024 passed by Principal Magistrate, Juvenile Justice Board, Amroha arising out of Case Crime No.15 of 2024, u/s 376 IPC, and 5/6 POCSO Act and 3(2)5 SC/ST Act, P.S. Adampur, District Amroha.

4. Learned counsel for the revisionist submits that he does not intend to file any rejoinder affidavit to the counter affidavit of the State. The Court thus proceeds to hear the matter.

5. The FIR of the matter was lodged on 13.1.2024 by Ramesh Jatav against the revisionist alleging therein that his daughter aged about 16 years was lured by the revisionist on 8.10.2023 regarding which he had lodged a FIR earlier in which his daughter had appeared before the Child Welfare Committee and then she was given in his custody but even after it the revisionist used to establish physical relationship with her for which he had given an application to the Committee and the Committee got his daughter medically examined after which it transpired that she is pregnant. A report be lodged and action be taken.

6. Learned counsel for the revisionist argued that the revisionist has been falsely implicated in the present case. It is submitted that the revisionist is a juvenile. It is submitted that the revisionist was declared juvenile vide order dated 10.4.2024 passed by Juvenile Justice Board concerned. It is submitted that in so far as previous case against the revisionist is concerned which is regarding FIR registered as Case Crime No.302 of 2023 under Sections 354, 323, 504 IPC and 7/8 POCSO Act in which the victim in her statement recorded during investigation stated that she was in love with the revisionist and the relationship between them was with consent. It is submitted that now in the present case under the pressure of family members, the victim has given statement against the revisionist. It is submitted that the victim was opined to be aged about 16 years as per the report of the radiologist. It is submitted that the implication of the revisionist in the present case is thus false. It is further submitted that the report of the Probation Officer does not in any manner show that there is any impediment in the revisionist being released on bail. It is submitted that except for the cases regarding the present victim, the revisionist has no criminal history. The revisionist is in jail since 13.1.2024. Hence present revision deserves to be allowed.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer made in the present revision and prayer for bail and submitted that the revisionist is named in the FIR and also in the statement of the victim. There are allegations against the revisionist. It is submitted that the victim has been found to be pregnant in the medical examination. It is submitted that as such the revision be dismissed.

8. After having heard learned counsel for the parties and perusing the records, it is evident that the revisionist has been declared juvenile by the Board concerned. Previous case regarding the relationship of the victim with the revisionist was being investigated in which the victim stated of being in relationship with consent with him. The present FIR has been lodged after the victim was found to be pregnant.

9. The present revision is allowed. The impugned judgement and order dated 1.5.2024, passed by Addl. District and Sessions Judge/Special Judge (POCSO Act)-Ist, Amroha and the order dated 16.4.2024 passed by Principal Magistrate/Juvenile Justice Board, Amroha in the aforesaid case are hereby set aside. The bail application of the revisionist is allowed.

10. Let the revisionist (X minor) through his natural guardian/father be released on bail in Case Crime No.15 of 2024, u/s 376 IPC, and 5/6 POCSO Act and 3(2)5 SC/ST Act, P.S. Adampur, District Amroha on furnishing a personal bond with two sureties in the like amount to the satisfaction of the Juvenile Justice Board, Amroha, 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 father 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 :- 31.8.2024 Gaurav Kuls

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Allahabad High Court