Juvenile A v. State of U.P. and Another

Court No. - 80 Case :- CRIMINAL REVISION No. - 5250 of 2023 Revisionist :- Juvenile A Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Yogendra Misra,Ayush Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Vakalatnama filed by learned counsel on behalf of the informant today is taken on record. Heard Sri Yogendra Misra, learned counsel for the revisionist as well as Sri Dharmendra Kumar Dwivedi, learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the material on record. The present criminal revision has been preferred by the revisionist through his mother 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 08.08.2023 passed by learned Special Judge (POCSO Act), Court No.3, Firozabad in Criminal Appeal No.95 of 2023 and C.N.R. No.UPFD-01-006313-2023 (Juvenile A vs. State of U.P.) as well as order dated 12.07.2023 passed by learned Juvenile Justice Board, Firozabad in Bail Application No.76 of 2023 in Case Crime No.627 of 2022, under Sections 147, 148, 149, 302, 436, 506, 34 I.P.C., Police Station Shikohabad, District Firozabad 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 and was juvenile at the time of alleged incident. Further submitted that as per allegation in F.I.R. revisionist with other co-accused persons made assault on the deceased causing injuries to him as a result he succumbed to injuries. It is further submitted that other co-accused persons Tinku, Diksha, Km. Puja, Sinki & Kiran have already been enlarged on bail by co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos.32560 of 2023, 1607 of 2023 & 7433 of 2023 vide orders dated 06.11.2023, 08.02.2023 & 15.02.2023 respectively and the case of the present revisionist is on similar footing. No any specific role has been assigned to the present revisionist. 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 28.08.2022 (i.e. more than one year) 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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that Diksha, Km. Puja, Sinki & Kiran have already been enlarged on bail on the ground of being lady. It is also contended that the deceased was assaulted by the revisionist with other co-accused persons brutally as a result he died and in case revisionist is released he will come in association of hardened criminals. 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, that other co-accused persons have already enlarged on bail by co-ordinate Benches of this Court 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

12.07.2023 and the appellate court dated 08.08.2023 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 (mother 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/mother 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 mother will ensure that the juvenile will not repeat the offence.

(ii) The natural guardian/mother 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/mother 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 :- 9.11.2023 Ashok Gupta High Court of Judicature at Allahabad