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

Court No. -80 Case :-CRIMINAL REVISION No. -4577 of 2023 Revisionist :-Juvenile -X Opposite Party :-State of U.P. and Another Counsel for Revisionist :-Pulak Ganguly,Ravi Bhushan Singh Counsel for Opposite Party :-G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for revisionist, learned A.G.A. for State and perused the 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 judgment and order dated 8.6.2023 passed by learned Additional Sessions Judge/ Special Judge,POSCO Act/ Child Court, Ghazipur in Criminal Appeal No.35 of 2023 as well as order dated 17.1.2022 passed by Juvenile Justice Board, Ghazipur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.309 of 2021, under Sections 307, 302, 452, 506 IPC , Police Station Jamaniya, District Ghazipur. It is submitted by learned counsel for the revisionist that the delinquent is aged about 14 years and 2 months at the time of incident who is languishing in Child Care Home since 18.10.2021 i.e. more than two years. As per allegation made in the F.I.R, no any specific role was assigned to the present delinquent with other co-accused persons except general role. It is also submitted that marpeet is said to be with Hockey, danda and iron rod in which two persons sustained injuries out of which one died and other is alive who has also not assigned any specific role to the present delinquent. No any recovery was made at the instance of the present delinquent. There is no adverse against the delinquent even in the D.P.O report. The learned courts below did not consider the facts and circumstances of the case, the D.P.O report even the provisions as contained under section 12 of the Act but passed the order. Those cannot be said to be in conformity in the order and is liable to be set aside. Learned A.G.A. for the State opposed the prayer as aforesaid but could not dispute the statement as deposed by the victim herself before the learned appellate court. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the order 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 17.1.2022 and the appellate court dated 8.6.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed. It is directed that delinquent/applicant be released on bail on executing personal 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 :- 20.11.2023 A. Singh High Court of Judicature at Allahabad