Allahabad High Court
Xxxx vs State Of U.P. And Another on 16 August, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:164260 Court No. - 80 Case :- CRIMINAL REVISION No. - 1258 of 2022 Revisionist :- Xxxx Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.,Rajiv Kumar Tripathi Hon'ble Subhash Chandra Sharma,J.
List revised. None appeared on behalf of the opposite party even in the revised call.
Heard learned counsel for the revisionist and A.G.A. for the State and perused the material on record.
The present criminal revision has been preferred by the revisionist through his father under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the impugned judgment and order dated 25.02.2022 passed by learned Additional District and Sessions Judge/Special Judge, Jalaun in Criminal Appeal No.04 of 2022 (Daulat Singh vs. State of U.P.) by which confirming the judgment and order dated 06.01.2022 passed by the court of Juvenile Justice Board, Jalaun rejecting the bail application of the revisionist in Case Crime No.34 of 2021 under Sections 302, 201, 394, 411, 34 I.P.C., Police Station Kotwali Orai, District Jalaun and also prays to release the revisionist/delinquent on bail in the aforesaid case.
It is submitted that in this case the delinquent/applicant was aged about 15 years at the time of alleged incident. Further submitted that the delinquent was not named in the F.I.R. but in the confessional statement of co-accused Jhola his name was brought into light. It is also submitted that other co-accused persons, those were brought into light during the course of investigation, have already been granted bail by co-ordinate Bench of this Court and the case of the present delinquent is on similar footing to that of aforesaid co-accused persons. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 28.01.2021 (i.e. more than two and a half years) and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer, the fact that other co-accused persons have already been enlarged on bail and the period present delinquent remained in child care home, it appears that Juvenile Justice Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.
Accordingly, the orders passed by Juvenile Justice Board dated 06.01.2022 and the appellate court dated 25.02.2022 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person bond by the revisionist (father of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-
(i) The natural guardian/father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.
(ii) The natural guardian/father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.
(iii) Juvenile and the natural guardian/father will report to the Probation Officer on the first Monday of every calendar month.
(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such a periodical basis as the Juvenile Justice Board may determine.
Order Date :- 16.8.2023 Ashok Gupta