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ALLAHABAD HIGH COURT
Sanjay Kumar Pachori, J.
X (Minor) – Revisionist
versus
State of U.P. and Anr. – Opp. Parties
Criminal Revision No.3194 of 2022
Decided on 1.3.2023
(A) Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 12 – Bail to juvenile delinquent – Ordinarily, Juvenile Justice Board is under obligation to release juvenile on bail with or without surety – Juvenile shall not be released in certain circumstances if there are any reasonable grounds for believing that release is likely to bring him into association with any known criminal; that release is likely to expose him to moral, physical, or psychological danger and (c) that release of juvenile is in conflict with law and would defeat ends of justice – Gravity of offence is not a relevant consideration for declining bail to juvenile – Findings recorded by Juvenile Justice Board as well as Appellate Court are based on heinousness of offence – Bail granted. (Paras 13, 14, 24 and 25)
(B) Interpretation of Statute – Rule of Interpretation – In absence of any statutory definition of any term used in any particular statute same must be assigned meaning as in commonly understood in context of such statute. (Para 15)
Result: Criminal Revision Petition allowed. Bail granted.
JUDGMENT
Sanjay Kumar Pachori, J.—Heard Sri Kumar Kartikey, learned counsel for the revisionist, Sri Mir Sayed, learned counsel for the opposite party no. 2 and Sri Karunakar Singh, learned A.G.A. for the State and perused the material available on record.
2. The Present Criminal Revision has been preferred by the revisionist through his father under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as “JJ Act, 2015”) against the judgment dated 10.06.2022 passed by Additional Sessions Judge/ Special Judge (POCSO) Act, Court No. 1 Ghaziabad in Criminal Appeal No. 17 of 2022, whereby the appellate court has rejected the Criminal appeal and affirmed the order dated 22.09.2021 passed by Juvenile Justice Board, Ghaziabad. The Juvenile Justice Board has rejected the bail application of the revisionist, which has been filed by his natural guardian/father, under Section 12 of “JJ Act, 2015” in Bail Application No. 146 of 2021 arising out of Case Crime No. 413 of 2021, under Sections 302, 201, 34 of the Indian Penal Code (in short “I.P.C.”), Police Station-Tronica City, District-Ghaziabad.
3. Learned counsel for the revisionist submits that the revisionist was 17 years, 04 months and 10 days old at the time of the incident. As per educational certificate, the Juvenile Justice Board declared the revisionist as juvenile vide order dated 19.08.2021 and no proceeding is pending against the order.
4. Learned counsel for the revisionist submits that the revisionist is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that motive has been assigned to co-accused Amit @ Abhishek. The case is rest upon circumstantial evidence. As per statement of the sister of the deceased, she had seen her brother with co-accused persons by motorcycle. As per postmortem report, time of death is one day. Cause of death has been mentioned as shock and haemorrhage due to ante-mortem injury. The recovery of knife was recovered on the joint possession/ pointing out of the accused persons. The first information report has been lodged only on the basis of suspicion and hearsay. There is material inconsistency between the statement of mother and sister of the deceased. It is further submitted that co-accused Amit @ Abhishek and Sunni have been granted bail by Coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 55025 of 2022 and 55031 of 2021. It is next submitted that no criminal antecedent to his credit. The revisionist is in protective custody in an observation home since 01.07.2021.
5. It is further submitted that the finding recorded by the court below is against the social information report and is based on surmises and conjectures. It has been further submitted that there is no evidence to show that if the revisionist is released on bail, his release is likely to bring him into association with any known criminal, or expose him to moral, physical, or psychological danger, or that his release would defeat the ends of justice. No such findings were recorded as to how he will come in contact with known criminals and how he will be exposed to moral, physical, or psychological danger, or that his release would defeat the ends of justice.
6. Learned counsel for the revisionist further submits that the revisionist has no criminal antecedent to his credit except the present case and is not a previous convict nor is he associated with any kind of unsocial or criminal activities. There is no report regarding any previous criminal antecedents of the family of the revisionist. The natural guardian/father of the revisionist has given an undertaking that if the revisionist is released on bail, he will keep him in his custody and look after him properly and has assured on behalf of the juvenile that he is ready to cooperate with the process of law and shall faithfully make the juvenile available before the court whenever required and is a
Juveniles are entitled to bail unless there is clear evidence of potential harm or criminal association, regardless of the severity of the alleged offense.
Juveniles are entitled to bail unless there is clear evidence of potential harm or criminal association, regardless of the offense's severity.
Point of Law - It is necessary to point out that identity of the juvenile in the present matter has been disclosed in impugned judgment and order which violates the right to privacy and confidentiali....
Identity of the juvenile shall not be disclosed.
Juvenile disentitled to bail on account of his case falling under each of the three exceptions enumerated in the proviso to sub section (1) of Section 12, for which no reason has been indicated.
Point of law: The rule in Section 12(1) of the Act is in favour of bail always to a juvenile/ child in conflict with law except when the case falls into one or the other categories denial contemplate....
The main legal point established in the judgment is that the Juvenile Justice Board must consider the mandatory provisions of the Juvenile Justice Act and make an objective assessment based on reason....
The court established that under the Juvenile Justice Act, a juvenile is entitled to bail as a matter of course unless there are reasonable grounds to believe that their release would pose a danger t....
Indian Penal Code, 1860 - Sections 452, 392, 364, 376-D, 506 - POCSO Act, 2015 - Section 5G, 6, 12, 18(1)(g) – Criminal Procedural Code, 1973 - Section 161, 164 – Gang Rape – Kidnapping or abducting ....
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