Allahabad High Court
Juvenile X Case Crime No 350/2023 Thru. ... vs State Of U.P. Thru. Secy. Home Civil ... on 20 June, 2024
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:43608 Court No. - 11 Case :- CRIMINAL REVISION No. - 672 of 2024 Revisionist :- Juvenile X Case Crime No 350/2023 Thru. His Mother Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Revisionist :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard the counsel for the revisionist as well as learned AGA and perused the record.
2. The present revision has been filed against the order dated 09.05.2024 passed by the learned Additional District and Sessions Judge/Special Judge POCSO Act, Gonda in Criminal Appeal No.29 of 2024 affirming the order dated 09.11.2023 whereby the bail application of the revisionist who is a juvenile has been rejected mainly on the ground that in case the revisionist is enlarged on bail, there is likelihood of he being under physical threat in view of the report of the Probation Officer. The appeal preferred by the revisionist was also rejected on 09.05.2024 mainly on the same grounds.
3. While arguing the revision, the counsel for the revisionist argues that the FIR in question was lodged alleging that the daughter of the informant was missing since 11.09.2023 and she used to talk to the revisionist on mobile for a very long time and it appears that he had enticed away the daughter of the informant. Subsequently, in the statement under sections 161 and 164 Cr.P.C., the victim admitted that they used to talk on telephone for the last four years. She also admitted that physical relations were also formed with her consent.
4. The counsel for the revisionist argues that in terms of the report, which is on record, the cause of incident has been assessed as ignorance, immaturity and affect of teenage.
5. The counsel for the State argues that the revision cannot be heard in view of the mandate of Section 401(2) of the Criminal Procedure Code and it is essential to hear the victim prior to any order being passed.
6. The counsel for the revisionist draws my attention to the mandate of section 12(1) of the Juvenile Justice Act wherein the mandate is cast for releasing a juvenile on bail notwithstanding anything contained in the Code of Criminal Procedure, 1973 or placed him under the supervision of a Probation Officer. The proviso to Section 12 circumcises the power only in the event that there is material to suggest that juvenile is likely to be in association with any known criminal or his release may expose him to moral, physical or psychological danger or his release would defeat the ends of justice, the bail can be denied by the Juvenile Justice Board.
7. In the present case, while hearing the revision, the very section 12(1) of the Juvenile Justice Act would have a overriding effect on the provisions contained in the Code of Criminal Procedure.
8. In the present case, the bail has been denied to the revisionist only on the statement of the grand mother that threats are issued by the opposite party for harming the juvenile. Apart from the said statement, there is no material to form a view that the child if enlarged on bail can face any adverse situation with regard to his physical danger. In any case, it is the duty of the State to protect the life and liberty of the citizen including that of a juvenile.
9. Thus, on a broad considerations of the said two orders and finding the same to be contrary to the mandate of Section 12(1) of the Act and its proviso, the revision deserves to be allowed. Order dated 09.05.2024 is hereby quashed.
10. The revision is allowed.
11. The revisionist who is juvenile and is in custody since 15.09.2023 is enlarged on bail subject to furnishing bonds before the Juvenile Justice Board to the satisfaction of the Board in case crime no.350 of 2023 under sections 363, 366, 376(3), 376(2)(n) IPC and section 5L/6 POCSO Act, P.S. Tarabganj, District Gonda.
Order Date :- 20.6.2024 VNP/-