A.B. (Minor) v. State of U.P. and Another

Court No. - 80 Case :- CRIMINAL REVISION No. - 1107 of 2023 Revisionist :- A.B. (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dileep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Supplementary affidavit filed by learned counsel for the revisionist today is taken on record. Heard learned counsel for the revisionist and 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 21.12.2022 passed by Additional Sessions Judge/Special Judge (POCSO Act), District Bijnor in Criminal Appeal No.119 of 2022 (A.B. and another vs. State and another) as well as order dated 28.10.2022 passed by the Juvenile Justice Board, Bijnor rejecting the bail application/release of the child in conflict with law under the guardianship of his mother in Case Crime No.106 of 1998, under Section 302 I.P.C., Police Station Kotwali Shahar, District Bijnor and also prays to release the revisionist/delinquent on bail in the aforesaid case. It is submitted that in this case F.I.R. was lodged in the year 1998 u/s 302 I.P.C. with other co-accused persons those were inmates of the present revisionist for causing murder of the deceased by administering poison in his food who was brother-in-law of the revisionist. It is further submitted the revisionist was minor at that time aged about 15 years, 7 months and 11 days as determined by the learned J.J. Board and he was declared to be juvenile. No any specific role has been assigned to the present revisionist except general allegation to all other co-accused persons who have been acquitted by the learned trial court by order dated 16.08.2005 in S.T. No.4 of 2001. Since revisionist was minor and had committed no offence even though he was named in the F.I.R. being inmate of other co-accused persons. 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 02.10.2022 (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 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., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer, that no specific role has been assigned to the present revisionist 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

28.10.2022 and the appellate court dated 21.12.2022 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 :- 23.11.2023 Ashok Gupta High Court of Judicature at Allahabad