Criminal Appeal No. 13 of 2023 · High Court · 2025

As per the prosecution case, in brief, complainant Rajkumar got a first information report lodged on 22.07.2022 with regard to incident which took place on 20.07.2022 for the offence under Sections 354, 302, 506 IPC against the revisionist and some unknown persons with the allegation inter alia that on 20.07.2022, his niece Tara was alone in the house. The accused-revisionist taking the benefit of this situation came to his house and started molesting her. On making resistance, revisionist went away threatening her to kill. Thereafter, on the same night, he alongwith some persons came to his house and committed murder of his niece. Learned counsel for the revisionist assailing the impugned orders submits that the revisionist was a juvenile on the date of the alleged incident dated 20.07.2022 and he has been declared juvenile vide order dated 16.12.2022 of Juvenile Justice Board, Bhadohi treating the age of revisionist as 13 years, 10 months and 22 days on the date of alleged incident. It is next submitted that aforesaid order declaring the revisionist as juvenile has attained finality because the same has not been challenged by the opposite party No.2, the averment in this regard has been made in para no.3 of the supplementary afÏdavit. The revisionist has remained confined in juvenile home since 26.07.2022. As to the offence alleged, it is submitted that the revisionist has falsely been implicated in the case with ulterior motive. In this regard, it is further stated that proper investigation was not conducted by the police and thus the revisionist had wrongly been charged with the offence. It is further being emphasized that the revisionist does not have any criminal antecedent to his credit. It is also submitted that co-accused Gajraj Bind, Ramesh Kumar Bind and Dharmraj Bind have been granted bail vide orders dated 03.02.2023, 09.02.2023 and 21.02.2023 passed in Criminal Misc. Bail Application Nos. 54222 of 2022, 54224 of 2022 and 41484 of 2022. Lastly, it is submitted that there is no material on record for believing that the release of revisionist is likely to bring him into association with any known criminal or expose him to moral, psychological danger, therefore, aforesaid impugned orders are not sustainable and liable to be set aside and revisionist is entitled to be released on bail in view of Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015. Learned A.G.A. for the State vehemently opposed the present revision. It has thus been submitted that merely because the revisionist is a juvenile, it would not entitle him to bail without going into the gravity of the offence, the nature of the crime. It is also contended that the bail sought for has been rightly refused in view of Section 12(1) of Juvenile Justice (Care and Protection of Children) Act, 2015. Having considered the arguments so advanced by learned counsel for the parties, it is true that a juvenile offender is not entitled as of right to be enlarged on bail, irrespective of any other fact or circumstance, however, it also cannot be denied that in view of specific and special legislative intent and intervention, refusal of bail in the case of a juvenile may be made only for specific reasons and circumstance. Otherwise, a general legislative presumption does appear to exist under the scheme of the Act that the welfare of alleged juvenile offender would be better served without he being confined for long duration. Here, the revisionist has remained in juvenile home since 26.07.2022 against the maximum sentence of three years in case of conviction. 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:- (1) if the release is likely to bring him into association with any known criminal, or (2) expose him to moral, physical or psychological danger, or (3) that his release would defeat the ends of justice. Gravity of the offence has not been mentioned as a ground for rejection of bail in Section 12 of the aforesaid Act. Though the prayer for bail of the revisionist has been opposed by learned A.G.A. representing the State, but could not demonstrate from the record that there existed any of the grounds on which bail application of a juvenile could be rejected keeping in view the provisions of Section 12 of the Juvenile Justice Act. Considering the above, it appears that the findings recorded by the learned Court below are erroneous and cannot be sustained. The aforesaid impugned orders dated 14.02.2023 and 17.01.2023 are hereby set aside. Accordingly, the present criminal revision is allowed. Let the revisionist "Juvenile X" involved in the aforesaid case crime be released on bail on furnishing a personal bond of his father, namely, Gajraj Bind, who is his natural guardian with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The revisionist shall not tamper with the evidence or threaten the witnesses; (ii) The revisionist through guardian shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law; (iii) The revisionist through guardian shall remain present before the trial Court on each date fixed, either personally or through his counsel. Order Date :- 9.5.2025 Shubham SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

As per the prosecution case, in brief, complainant Rajkumar got a first information report lodged on 22.07.2022 with regard to incident which took place on 20.07.2022 for the offence under Sections 354, 302, 506 IPC against the revisionist and some unknown persons with the allegation inter alia that on 20.07.2022, his niece Tara was alone in the house. The accused-revisionist taking the benefit of this situation came to his house and started molesting her. On making resistance, revisionist went away threatening her to kill. Thereafter, on the same night, he alongwith some persons came to his house and committed murder of his niece. Learned counsel for the revisionist assailing the impugned orders submits that the revisionist was a juvenile on the date of the alleged incident dated 20.07.2022 and he has been declared juvenile vide order dated 16.12.2022 of Juvenile Justice Board, Bhadohi treating the age of revisionist as 13 years, 10 months and 22 days on the date of alleged incident. It is next submitted that aforesaid order declaring the revisionist as juvenile has attained finality because the same has not been challenged by the opposite party No.2, the averment in this regard has been made in para no.3 of the supplementary afÏdavit. The revisionist has remained confined in juvenile home since 26.07.2022. As to the offence alleged, it is submitted that the revisionist has falsely been implicated in the case with ulterior motive. In this regard, it is further stated that proper investigation was not conducted by the police and thus the revisionist had wrongly been charged with the offence. It is further being emphasized that the revisionist does not have any criminal antecedent to his credit. It is also submitted that co-accused Gajraj Bind, Ramesh Kumar Bind and Dharmraj Bind have been granted bail vide orders dated 03.02.2023, 09.02.2023 and 21.02.2023 passed in Criminal Misc. Bail Application Nos. 54222 of 2022, 54224 of 2022 and 41484 of 2022. Lastly, it is submitted that there is no material on record for believing that the release of revisionist is likely to bring him into association with any known criminal or expose him to moral, psychological danger, therefore, aforesaid impugned orders are not sustainable and liable to be set aside and revisionist is entitled to be released on bail in view of Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015. Learned A.G.A. for the State vehemently opposed the present revision. It has thus been submitted that merely because the revisionist is a juvenile, it would not entitle him to bail without going into the gravity of the offence, the nature of the crime. It is also contended that the bail sought for has been rightly refused in view of Section 12(1) of Juvenile Justice (Care and Protection of Children) Act, 2015. Having considered the arguments so advanced by learned counsel for the parties, it is true that a juvenile offender is not entitled as of right to be enlarged on bail, irrespective of any other fact or circumstance, however, it also cannot be denied that in view of specific and special legislative intent and intervention, refusal of bail in the case of a juvenile may be made only for specific reasons and circumstance. Otherwise, a general legislative presumption does appear to exist under the scheme of the Act that the welfare of alleged juvenile offender would be better served without he being confined for long duration. Here, the revisionist has remained in juvenile home since 26.07.2022 against the maximum sentence of three years in case of conviction. 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:- (1) if the release is likely to bring him into association with any known criminal, or (2) expose him to moral, physical or psychological danger, or (3) that his release would defeat the ends of justice. Gravity of the offence has not been mentioned as a ground for rejection of bail in Section 12 of the aforesaid Act. Though the prayer for bail of the revisionist has been opposed by learned A.G.A. representing the State, but could not demonstrate from the record that there existed any of the grounds on which bail application of a juvenile could be rejected keeping in view the provisions of Section 12 of the Juvenile Justice Act. Considering the above, it appears that the findings recorded by the learned Court below are erroneous and cannot be sustained. The aforesaid impugned orders dated 14.02.2023 and 17.01.2023 are hereby set aside. Accordingly, the present criminal revision is allowed. Let the revisionist "Juvenile X" involved in the aforesaid case crime be released on bail on furnishing a personal bond of his father, namely, Gajraj Bind, who is his natural guardian with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The revisionist shall not tamper with the evidence or threaten the witnesses; (ii) The revisionist through guardian shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law; (iii) The revisionist through guardian shall remain present before the trial Court on each date fixed, either personally or through his counsel. Order Date :- 9.5.2025 Shubham SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad