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IN THE HIGH COURT OF ALLAHABAD
Shamim Ahmed, J.
Juvenile 'Xyz' Thru. His Father - Appellant
Vs.
State Of Uttar Pradesh Thru. Prin. Secy. Home Lko. And Others - Opposite Party
Criminal Revision No. - 835 of 2023
Decided On : 14-06-2024
POCSO - Juvenile Justice and Bail - Sections 12, 18(1)(g) of the Juvenile Justice (Care and Protection of Children) Act, 2015; Sections 376 DB, 323, 504, 506 IPC - The court discussed the provisions of the Juvenile Justice Act, particularly Section 12, which mandates the release of juveniles on bail unless there are reasonable grounds to believe that their release would lead to association with known criminals or expose them to danger. The court emphasized that the gravity of the offense is not a relevant consideration for denying bail to a juvenile. The court found that the lower courts had failed to properly consider the circumstances of the juvenile and the reports submitted, leading to an erroneous denial of bail.
Fact of the Case:
The revisionist, Shiva, a juvenile, was accused of committing rape and assault on an 11-year-old girl. He was arrested and had been in custody since January 2, 2022. His bail application was rejected by the Juvenile Justice Board and subsequently by the Additional Sessions Judge, leading to this revision application.
Finding of the Court:
The court found that the lower courts had dismissed the bail application without adequately considering the juvenile's circumstances, the lack of a criminal history, and the substantial period of detention already served. The court noted that the provisions of the Juvenile Justice Act favor the release of juveniles on bail unless specific conditions are met.
Issues: Whether the denial of bail to the juvenile was justified under the provisions of the Juvenile Justice Act, considering the circumstances of the case and the lack of evidence suggesting that his release would endanger the victim or the community.
Ratio Decidendi: The court held that the provisions of Section 12 of the Juvenile Justice Act require that a juvenile should be released on bail unless there are compelling reasons to deny it. The gravity of the offense does not outweigh the rights of the juvenile, and the courts below had not provided sufficient justification for their decisions.
Final Decision: The court allowed the revision, set aside the orders of the lower courts, and granted bail to the revisionist, subject to certain conditions to ensure compliance and monitoring.
JUDGMENT :
Shamim Ahmed, J.
1. This revision is directed against the judgment and order dated 01.06.2023 passed by Additional Sessions Judge/learned Special Judge (POCSO) Act No. 1, Lucknow passed in Criminal Appeal No. 259/2022: Shiva Vs. State of U.P.), whereby the criminal appeal filed on behalf of the revisionist has been dismissed and for quashing of the order dated 22.08.2022 passed by Juvenile Justice Board, Mohan Road, Lucknow, in Misc. Case No. 159 of 2022, arising out of the Case Crime no. 613 of 2021, Under Sections 376 DB, 323, 504, 506 IPC & 5m/6 POCSO Act of Police Station Mohanlalganj, District Lucknow, whereby the Juvenile Justice Board has rejected the bail application of the revisionist.
2. In spite of time being granted to opposite party No.2 and after service of notice neither anyone has put in appearance nor any counter affidavit has been filed on behalf of opposite party No.2. It appears that opposite party No.2 is not interested to file counter affidavit or to contest the case.
3. Learned A.G.A. has filed counter affidavit, in reply thereto learned counsel for the revisionist has filed the rejoinder affidavit denying the averments made in the counter affidavit.
4. Heard Sri Mohammad Alishah Faruqi, learned counsel for the revisionist and Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.
5. Learned counsel for the revisionist submits that the revisionist is innocent and he has been falsely implicated in the present case.
6. Learned counsel for the revisionist further submits that as per the prosecution case the complainant, Sudama, a resident of Gram Ganshkherha, Police Station Mohanlalganj, Lucknow, filed a complaint on 30.12.2021 stating therein that sister-in-law of his son Sonu, namely, aged 11 years, daughter of the late Babu Lal, resident of Koyali ka Purwa, Police Station Nagram, Lucknow, who lives at his house, on 30.12.2021 at about 5.00 p.m. went to the forest to collect wood. At that time, two boys from the village, Akash and Shiva, caught her and committed rape and assaulted her. When the girl started screaming, they beat her and threatened to kill her before fleeing the scene. When the girl returned home, she narrated the entire incident, and the complainant dial at 112 to call the police.
7. Learned counsel for the revisionist further submits that the revisionist is innocent and has been falsely implicated in the present case.
8. Learned counsel for the revisionist further submits that the medical of the victim was done on 31.12.2021 in which there was no external injuries/no internal injuries were found on the person of the alleged victim.
9. Learned counsel for the revisionist further submits that against the order dated 30.03.2022 passed by the Juvenile Justice Board, Lucknow, by which the revisionist was declared juvenile, neither the informant nor the State Government has preferred any appeal, revision before any court of law.
10. Learned counsel for the revisionist further submits that the revisionist is juvenile and there is no apprehension of reasoned ground for believing that the release of the revisionist is likely to bring him in association with any known criminals or expose him to mental, physical or psychological danger or his release would defeat the ends of justice. He further submits that except this the revisionist has no previous criminal history. The father of the revisionist is giving his undertaking that after release of the revisionist on bail, he will keep him under his custody and look after him properly. Further, the revisionist undertakes that he will not tamper the evidence and he will always cooperate the trial proceedings. There was no report regarding any previous antecedents of family or background of the revisionist. There is no chance of revisionist’s re-indulgence to bring him into association with known criminals.
11. Learned counsel for the revisionist further submits that it is not in dispute that the revisionist is a juvenile as he has a
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 ....
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.
The central legal point established in the judgment is the right of a juvenile to be released on bail, considering the merits of the case and the equal protection of laws guaranteed under Article 14 ....
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....
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....
Juveniles are entitled to bail unless there is clear evidence of potential harm or criminal association, regardless of the severity of the alleged offense.
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