Allahabad High Court
Boby @ Adarsh Chaudhary (Minor) vs State Of U.P. And Another on 17 February, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL REVISION No. - 1344 of 2020 Revisionist :- Boby @ Adarsh Chaudhary (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
Rejoinder affidavit, filed by Sri Pankaj Sharma, learned counsel the revisionist is taken on record.
The instant criminal revision under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 (herein-in-after referred to as 'Act') is directed against the order dated 02.07.2020 passed by Learned Additional Sessions Judge/Special Judge, POCSO Act, Mathura in Criminal Appeal No. 15 of 2020 (State Versus Boby @ Adarsh Chaudhary) by which appeal of the revisionist was dismissed and order dated 10.06.2020 passed by Juvenile Justice Board, Mathura in Case Crime No. 924 of 2018 under Section- 8/22 N.D.P.S. Act, Police Station- Kosi Kalan, District- Mathura, by which prayer of release of revisionist was rejected.
As per F.I.R. version of this case it was registered on 27.12.2018 as Case Crime No. 0924/2018 against the revisionist under Section 8/22 N.D.P.S. Act. Since the revisionist claimed juvenility, after holding preliminary assessment, the Juvenile Justice Board has declared the revisionist as juvenile on 16.10.2019 and it was held that at the time of incident his age was 17 years 03 Month 12 Days.
After being declared juvenile, revisionist filed an application for bail through his father/guardian before Juvenile Justice Board which was rejected vide order dated 10.06.2020 passed by Juvenile Justice Board, Mathura.
Against the order dated 10.06.2020 passed by The Juvenile Justice Board rejecting the application to release the revisionist on bail, appeal was filed which was rejected by order dated 02.07.2020 passed by Learned Additional Sessions Judge/Special Judge, POCSO Act, Mathura.
Against the impugned order dated 10.06.2020 passed by Juvenile Justice Board, Mathura and order dated 02.07.2020 passed by Learned Additional Sessions Judge/Special Judge, POCSO Act, Mathura, this revision has been filed by the revisionist on the ground that revisionist is innocent and has been falsely implicated in this case. Impugned orders are against law and not passed keeping in view the spirit of law that has been laid down with regard to juvenile in conflict with law. The reasonings of the impugned orders are superficial, not convincing and not supported by any evidence.
Learned A.G.A. vehemently opposed the prayer of release of the revisionist on bail and submitted that learned Juvenile Justice Board and learned appellate court has rightly rejected the prayer to release him on bail considering the facts and circumstances of the case and provision of Section 12 of Juvenile Justice Act.
I have considered the submissions made by learned counsel for the parties along with entire matter available on record.
Bail of juvenile in conflict with law has to be considered on parameters in Section 12 of Juvenile Justice Act. Section 12(1) and (2) of Juvenile Justice Act 2015 regarding bail of juvenile provides:-
"(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 person's 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.
(2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board."
Contention raised on behalf of revisionist has been confined to the extent that the revisionist is wholly innocent and has been falsely implicated in the present case. The revisionist has already been declared juvenile by the court of Juvenile Justice Board. There is no evidence on record that may indicate that the release of revisionist 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. Previous criminal history of one case of theft has been reasonably explained in the affidavit. It is mentioned in the impugned order that in the social investigation report, D.P.O. has not recommended for the bail of the revisionist and report of concerned police station is against him but there is no basis supported with evidence for reaching on such conclusion that in the event of his release on bail there is possibility of his going into company of known criminal or his release would defeat the end of justice.
Considering the rival submissions, fact of the case, legal position for release of juvenile on bail, this Court is of the view that there is sufficient ground to allow the revision.
In the result, this criminal revision succeeds and the impugned orders dated 10.06.2020 & 02.07.2020 are hereby set aside and reversed. Bail application of the revisionist stands allowed.
Let the revisionist Boby @ Adarsh Chaudhary be released on bail in aforesaid case upon his guardian furnishing a personal bond with two sureties in the like amount to the satisfaction of Juvenile Justice Board, Fatehpur subject to the following conditions:-
(1) The guardian/father will furnish an undertaking that on release of the revisionist on bail, the juvenile 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 his father/guardian will ensure that juvenile will not repeat the offence.
(2) The revisionist through guardian shall file an undertaking to the fact that he shall remain present before the trial court on each fixed date.
Order Date :- 17.2.2021 Sachin