X- Juvenile v. State of U.P. and Another

Court No. - 80 Case :- CRIMINAL REVISION No. - 2589 of 2023 Revisionist :- X-Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashish Kumar Gaur Counsel for Opposite Party :- G.A.,Rabindra Tiwari Hon'ble Subhash Chandra Sharma,J. List revised. None appeared on behalf of learned counsel for the opposite party. Rejoinder affidavit fled by learned counsel for the revisionist is taken on record. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been preferred by the revisionist through his mother with a prayer to allow this revision and set aside the judgment and order dated 04.04.2023 passed by learned Special Judge (POCSO Act)/ Children Court, Pilibhit in Criminal Appeal No. 26 of 2023 as well as order dated

28.02.2023 passed by Juvenile Justice Board, Pilibhit. Further prayed to release the revisionist on bail in Case Crime No. 454 of 2022 under Sections 302, 201, 120B, 404 & 411 I.P.C., Police Station Jahanabad, District Pilibhit. It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years 7 months and 18 days at the time of alleged incident. It is further submitted that in F.I.R. he was not named with other co-accused persons but being worker at the motor cycle shop of co-accused Sunil, has also been involved in this case during the course of investigation by the police. There was no any motive with the revisionist to commit murder of the deceased. It is also submitted that joint recovery of clothes of the deceased have been shown at the instance of the present revisionist and other co-accused persons from an open place and there is no any other material on record to connect the revisionist with the present incident. The injuries said to be found on the index finger of the revisionist which are four in number cannot be said to be received during the course of commission of offence. It is also submitted that co-accused Shiv Shankar @ Chanuk who was major and given the role of conspiracy, has already been enlarged on bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 17375 of 2023 by order dated

10.05.2023. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O. It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 21.10.2022 i.e. more than one year and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision. 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. for the State, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, 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 28.02.2023 and the appellate court dated 04.04.2023 are, hereby, set aside and present criminal revision is hereby, allowed. It is directed that delinquent/applicant be released on bail 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 revisionist/ 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 revisionist/ 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 revisionist/ 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 :- 17.11.2023 Suraj Srivastav High Court of Judicature at Allahabad