Juvenile X v. State of U.P.) and against order dated
Case Details
Acts & Sections
7-Having considered the arguments so advanced by learned counsel for the parties, this Court is of the view that a juvenile offender who is above 16 years of age and below 18 years of age is not entitled as of right to be enlarged on bail. The Court has to see whether the opinion of the learned appellate Court as well as Juvenile Justice Board recorded in the impugned judgment and orders are in consonance with the provision of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Section 12 of the aforesaid Act lays down three contingencies in which bail could be refused to juvenile. They are:- (i) if the release is likely to bring him into association with any known criminal, or (ii) expose him to moral, physical or psychological danger, or (iii) that his release would defeat the ends of justice. 8-Having gone through the record, this Court finds that the victim, in her statement under Section 164 Cr.P.C., has supported the version of F.I.R. wherein allegation of committing forceful physical relation has been levelled against the revisionist. Since the age of revisionist is above 16 years and below 18 years and the offence of rape is heinous in nature, his trial is going on as an adult, therefore, in view of the legal position applicable to the present case, in case of conviction of the revisionist, he can be sentenced for more than three years except life or death. In case, the revisionist is released on bail, there is a strong possibility of his being in danger morally, physically or psychologically and he may again get involved in criminal activities. In the matter of bail of juvenile, the Court has to see literally through a prism having three angles, i.e. firstly, the angle of welfare and betterment of the child itself, secondly, the demands of justice to the victim and her family and thirdly, the concerns of society at large. Under the facts and circumstances of the case, in case revisionist is released on bail, then his release would defeat the ends of justice. 9-In view of the above, the findings recorded by the learned Courts below are not erroneous and cannot be said to be unsustainable. The aforesaid impugned orders are not liable to be interfered with, which are wholly impeccable. 10-As a fall out and consequence of the above, the present criminal revision lacks merit and is accordingly rejected. Order Date :- 20.3.2025 Saurabh
7-Having considered the arguments so advanced by learned counsel for the parties, this Court is of the view that a juvenile offender who is above 16 years of age and below 18 years of age is not entitled as of right to be enlarged on bail. The Court has to see whether the opinion of the learned appellate Court as well as Juvenile Justice Board recorded in the impugned judgment and orders are in consonance with the provision of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Section 12 of the aforesaid Act lays down three contingencies in which bail could be refused to juvenile. They are:- (i) if the release is likely to bring him into association with any known criminal, or (ii) expose him to moral, physical or psychological danger, or (iii) that his release would defeat the ends of justice. 8-Having gone through the record, this Court finds that the victim, in her statement under Section 164 Cr.P.C., has supported the version of F.I.R. wherein allegation of committing forceful physical relation has been levelled against the revisionist. Since the age of revisionist is above 16 years and below 18 years and the offence of rape is heinous in nature, his trial is going on as an adult, therefore, in view of the legal position applicable to the present case, in case of conviction of the revisionist, he can be sentenced for more than three years except life or death. In case, the revisionist is released on bail, there is a strong possibility of his being in danger morally, physically or psychologically and he may again get involved in criminal activities. In the matter of bail of juvenile, the Court has to see literally through a prism having three angles, i.e. firstly, the angle of welfare and betterment of the child itself, secondly, the demands of justice to the victim and her family and thirdly, the concerns of society at large. Under the facts and circumstances of the case, in case revisionist is released on bail, then his release would defeat the ends of justice. 9-In view of the above, the findings recorded by the learned Courts below are not erroneous and cannot be said to be unsustainable. The aforesaid impugned orders are not liable to be interfered with, which are wholly impeccable. 10-As a fall out and consequence of the above, the present criminal revision lacks merit and is accordingly rejected. Order Date :- 20.3.2025 Saurabh