Allahabad High Court
X Juvenile vs State Of U.P. And 3 Others on 31 July, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:123183 Court No. - 83 Case :- CRIMINAL APPEAL No. - 10035 of 2023 Appellant :- X Juvenile Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Arvind Singh Parmar,Virendra Singh Parmar Counsel for Respondent :- G.A.,Shailendra Singh Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for appellant, Sri Arun Kumar Singh, learned counsel holding brief for Sri Shailendra Singh, learned counsel for opposite party no. 4, learned AGA for State and perused the record.
2. This Criminal appeal under section 101(5) of Juvenile Justice (Care and Protection of Children) Act, 2015 is preferred against order dated 03.08.2023 passed by the Child Court/Special Judge, POCSO Act, Jhansi in Bail Application No. 1570 of 2023, in connection with Case Crime No. 14 of 2020 under Section 376AB IPC, Section 5/6 POCSO Act and Section 3(2)5 of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Lehchura, District Jhansi by which learned Special Judge rejected the aforesaid bail application.
3. Learned counsel for the appellant submits that the appellant is innocent and has falsely implicated in the present case. It is submitted that at the time of the incident, the age of the appellant is 16 years 8 months and 17 days. It is further stated that on perusal of the medical report that there is no any injury on the body of the victim and hymen intact. There is so many contradiction in the statement given under Section 161 Cr.P.C. of the complainant and the other witnesses. The statement of the victim given under Section 164 Cr.P.C. is totally tutored one. It is further submitted that the appellant is languishing in jail since 22.01.2020 without having any other criminal history created in his favour.
4. Per contra, learned A.G.A. and Sri Shailendra Singh, learned counsel for opposite party no. 4 have vehemently opposed the prayer as made in the appeal by way of supporting the order dated 03.08.2023 passed by the Child Court/Special Judge, POCSO Act, Jhansi in Bail Application No. 1570 of 2023, in connection with Case Crime No. 14 of 2020 under Section 376AB IPC, Section 5/6 POCSO Act and Section 3(2)5 of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Lehchura, District Jhansi and submitted that the same has been passed after considering the severity of matter which has already been narrated in the FIR.
5. Considering the above mentioned facts and circumstances, long incarceration of juvenile will be in nature of poisoning the psychology of a juvenile and the same shall not be in the interest of abiding citizen of a country. Holding long incarceration in case of a juvenile might be in the shape of preparing a person who is having surrounding of other criminals or persons of like society. In that case, it would be little difficult to drag those persons in the main stream of the society. Considering certain facts with regard to the behavior and the mentality of the appellant, the same has not been considered.
6. The provisions of bail to a juvenile is given in Section 12(1) of the said Act, which provides as follows:-
"12 (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the persons release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision."
7. The aforesaid provision provides that a juvenile accused has to be released on bail unless there are reasonable grounds for believing that release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. There is no basis or material which may bring the case of appellant within the exceptions provided in Section 12(1) of the Act. There is also no material or evidence on record to show that by release on bail, appellant would come in association with any known criminal or his release would expose him to moral, physical or psychological danger. There is also nothing on record to show that the release of the appellant on bail would defeat the ends of justice.
8. In these circumstances, the learned Special Judge was not justified in rejecting the bail application of appellant. Learned Special Judge has also not considered the provisions of Section 12(1) of the Act in its proper perspective. Thus, the impugned order is not sustainable and is liable to be set-aside.
9. Accordingly, the appeal is allowed. The impugned order dated 03.08.2023 passed by the Child Court/Special Judge, POCSO Act, Jhansi in Bail Application No. 1570 of 2023 is set aside.
10. The appellant - 'X Juvenile' involved in Case Crime No. 14 of 2020 under Section 376AB IPC, Section 5/6 POCSO Act and Section 3(2)5 of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Lehchura, District Jhansi be released on bail on his furnishing a personal bond through his natural guardian and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 31.7.2024 #Vik/-