Allahabad High Court
X- Juvenile vs State Of U.P. And Another on 4 October, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:162612 Court No. - 64 Case :- CRIMINAL REVISION No. - 2378 of 2024 Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Satyendra Narayan Singh,Vikas Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. Heard Sri Satyendra Narayan Singh, learned counsel for the revisionist, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.
2. The present revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been filed by the revisionist- (X-Juvenile) with the prayers to allow the present revision and set aside the judgment and order dated 23.02.2024 passed by learned Additional Sessions Judge (Rape and POCSO) Court No. 5, Baghpat in Criminal Appeal No. 3 of 2024 (V Minor Vs. State of U.P.), and order dated 12.01.2024 passed by learned Juvenile Justice Board, Baghpat in Case Crime No. 253 of 2023, under Sections 302, 34 IPC and 3/25/27 Arms Act, P.S. Baraut, District Baghpat and with a further prayer to release the delinquent juvenile on bail in the aforesaid case, during the pendency of the present revision.
3. Notice was issued to the opposite party no.2 vide order dated 09.05.2024. As per office report dated 19.07.2024, notice has been served upon the opposite party no.2 personally but no one appears on behalf of opposite party no.2 despite service of notice.
4. The FIR of the matter was lodged on 04.04.2023 by Harendra against unknown person alleging therein that on 04.04.2023 at about 07:00 pm his son Yash aged about 20 years went from the home and later on his dead body was recovered which had gun shot in it.
5. Learned counsel for the revisionist submits that the revisionist has been falsely implicated in the present case. It is submitted that the revisionist is a juvenile aged about 15 years 11 months and 8 days. It is submitted that the revisionist is not named in the FIR. It is submitted that the present case is a case of circumstantial in nature. There is no eye witness to the murder. It is submitted that co-accused Bhagat and Deepak Tomar have been granted bail by co-ordinate Benches of this Court vide orders dated 05.03.2024 and 19.07.2023 passed in Crl. Misc. Bail Application Nos. 31812 of 2023 (Bhagat Vs. State of U.P.) and 30195 of 2023 (Deepak Tomar Vs. State of U.P.), copy of the orders is annexed as annexure 12 respectively. It is further submitted that the trial in the present matter has started in which PW-1/Harendra/informant the star witness has stated that the revisionist has not murdered his son. It is submitted that the first informant has exonerated the revisionist in his statement recorded during trial. It is submitted that the revisionist has no criminal history as stated in para 5 of the affidavit. The revisionist is under observation home since 07.04.2023. It is submitted that the present revision deserves to be allowed.
6. Per contra, learned counsel for the State opposed the prayer for bail in the revision.
7. After having heard learned counsel for the parties and perusing the records, it is evident that the revisionist is not named in the FIR. The revisionist is a juvenile aged about 15 years 11 months and 8 days. The present case is a case of circumstantial evidence. There is no eye witness to the murder. Co-accused Bhagat and Deepak Tomar have been granted bail. The first informant has exonerated the revisionist in trial.
8. The present revision is allowed. The judgment and order dated 23.02.2024 passed by learned Additional Sessions Judge (Rape and POCSO) Court No. 5, Baghpat and the judgment and order dated 12.01.2024 passed by learned Juvenile Justice Board, Baghpat in the aforesaid case are hereby set aside. The bail application of the revisionist is allowed.
9. Let the revisionist (X-Juvenile) through his natural guardian/Bua Smt. Kavita be released on bail in the aforesaid case on furnishing a personal bond with two sureties in the like amount to the satisfaction of the Juvenile Justice Board concerned subject to the following conditions:
(i) that the natural guardian/Bua 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 be exposed to any moral, physical or psychological danger and further that the juvenile will not repeat the offence.
(ii) that the guardian/Bua will further furnish an undertaking to the effect that the juvenile will be placed in a school and encouraged to his studies and not allow to waste his time in unproductive and mere recreational pursuits.
(iii) The revisionist and his Bua will report to the District Probation Officer on the first Monday of every month with effect from the first Monday of the month next after release from custody, and, if during any calendar month the first Monday falls on a holiday then on the following working day.
(iv) The District Probation Officer will keep strict vigil on the activities of the revisionist and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such periodical basis as the Juvenile Justice Board determines.
Order Date :- 4.10.2024 M. ARIF (Samit Gopal, J.)