Neutral Citation No. - 2023:AHC:185155

Court No. - 80

Case :- CRIMINAL REVISION No. - 4339 of 2023

Revisionist :- X- Minor

Opposite Party :- State of U.P. and Another

Counsel for Revisionist :- M J Akhtar,Sr. Advocate

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

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 12.07.2023 passed by the learned Special

Additional District and Sessions Judge (POCSO Act), Muzaffarnagar dismissing

the Criminal Appeal (Juvenile) No.40 of 2023 arising out of order dated 02.06.2023

passed by the learned Principal Magistrate, Juvenile Justice Board, Muzaffarnagar

whereby the bail application of the revisionist was rejected in Case Crime No.115

of 2023 for the offence under Sections 302, 201/34 I.P.C. and Section 4/25 Arms

Act, Police Station Khatauli, District Muzaffarnagar and also prays to release the

revisionist/delinquent on bail in the aforesaid case.

It is submitted that in this case the delinquent/applicant was aged about 17 years

and was juvenile at the time of alleged incident. Further submitted that in F.I.R. co-

accused Gulab was named and the present delinquent was not named but during the

course of investigation he was brought into light on the basis of statement made by

co-accused Gulab. It is further submitted that recovery was show at the joint

instance of co-accused Gulab and the present delinquent of the weapon said to be

used in commission of murder of the deceased. It is also submitted that co-accused

Gulab who was named in the F.I.R. has already been enlarged on bail by co-

ordinate Bench of this Court in Criminal Misc. Bail Application No.35618 of 2023

vide order dated 16.08.2023 and the role of the present delinquent cannot be said to

be different to that of co-accused. 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 26.03.2023 (i.e. about six months) 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, the other co-accused person who was named in the F.I.R.

has already been enlarged on bail 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 02.06.2023 and the

appellate court dated 12.07.2023 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 revisionis