Allahabad High Court
Juvenile Delinquents X Thru. Natural ... vs State Of U.P. Thru. Prin. Secy. Home, ... on 21 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:15539 Court No. - 27 Case :- CRIMINAL REVISION No. - 1098 of 2023 Revisionist :- Juvenile Delinquents X Thru. Natural Guardian And Father Y Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And 3 Others Counsel for Revisionist :- Sarjoo Ram,Balram Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
(Application No.2 of 2024)
1. The application seeks listing of the case.
2. As the learned counsel for the applicant has stated that the juvenile revisionist has to appear in Intermediate Board Examination commencing from 22.03.2024, the Court proceeds to hear the revision forthwith.
3. The application stands disposed of.
(Order on Memo)
1. Heard Sri Sarjoo Ram, learned counsel appearing for the revisionist, Sri Puneet Kumar Yadav, learned Additional Government Advocate and perused the record.
2. By means of the instant revision filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, the revisionist has challenged the validity of the orders dated 05.04.2023 passed by the Juvenile Justice Board, Pratapgarh rejecting his application for release on bail and the order dated 24.08.2023 passed by the Special Judge (POCSO Act), Pratapgarh dismissing Criminal Appeal No.39 of 2023 filed by the revisionist against the order rejecting his bail application.
3. Opposite party No.2 had lodged an FIR No.429 of 2020 on 30.09.2022 against the revisionist and his father alleging that the revisionist had enticed away the complainant?s daughter aged about 16 years on 20.08.2020. They dropped her back near the complainant?s house on 24.09.2020. The complainant found her in a sick condition and therefore, the FIR was lodged on 30.09.2020 after her treatment.
4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she knew the revisionist for the past one year and she used to love him. She had gone to the revisionist?s home out of her own will and lived with him as his wife. On 24.09.2020 some edibles were offered to her, after consuming which she fell ill and his mother brought her to Kunda under pretext of getting some treatment but they dropped her opposite Allahabad Bank and went away. Thereafter the victim went to police and she was admitted to C.H.C. Kunda from where she was referred to Allahabad.
5. In her statement recorded under Section 164 Cr.P.C. the victim stated that the parents of the revisionist tried to turn her out of their home but she resisted that she would not leave their home. Thereafter they made her consumed some intoxicated edibles, after consuming which, she fell ill. Thereafter they took her to a hospital and left there.
6. Medico legal examination report of the victim does not make a mention of anything which may support the allegation of her failing ill because of consuming some intoxicating substance.
7. A copy of the order dated 05.04.2023 passed by the Juvenile Justice Board makes a mention of the report of the District Probation Officer, which merely makes a mention that the revisionist is a flighty and no such recommendation was made as would warrant continued detention of the juvenile.
8. Keeping in view the aforesaid recommendations of the District Probationary Officer, discrepancies in the statement of the informant and the victim regarding place where she was allegedly dropped by the juvenile and his mother and also there is no medical evidence to support the allegation of poisoning, I am of the view that the revision deserves to be allowed.
9. Accordingly, this revision stands allowed. The orders 05.04.2023 passed by the Juvenile Justice Board, Pratapgarh rejecting his application for release on bail and the order dated 24.08.2023 passed by the Special Judge (POCSO Act), Pratapgarh are set aside.
10. Let the revisionist-Juvenile be released on bail in Case Crime No.429 of 2020 under Sections 363, 366, 506, 120B, 376(3) IPC, 3/4 POCSO Act, Police Station Kunda, Pratapgarh upon his guardian furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board concerned subject to the following conditions:-
(i) the natural guardian 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 allowed to be exposed to any moral, physical or psychological danger and further that the guardian will ensure that the juvenile will not indulge in any criminal activity;
(ii) natural guardian 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.
(iii) juvenile accompanied by his natural guardian, will report to the Probation Officer on the first working day of every calendar month. The D.P.O. shall maintain a diary recording their attendance.
(iv) The District Probation Officer will keep 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.
11. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court/J.J.Board shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.
(Application No.3 of 2024)
1. The application seeks short term bail of the juvenile revisionist.
2. Since the revision is allowed by a separate order, this application has been rendered infructuous.
3. Accordingly, the application stands dismissed having been rendered infructuous.
Order Date :- 21.2.2024 prateek