1. The revision petition has been filed under Section 102 of Juvenile Justice(Care and Protection of Children) Act, 2015 to set aside judgment and order dated 27.2.2020 passed in Crl. Appeal No.9 of 2020, by Special Judge (POCSO Act), Court No.14, Sitapur and order dated 11.11.2019, passed by Juvenile Justice Board, Sitapur in Crl. Case No.12 of 2019 State versus Vikas Yadav, arising out of Case Crime No.44 of 2019 under sections 376, 323, 506 I.P.C. and sections 5/6 Protection of Children from Sexual Offences Act, Sections 3(2)(V) and 3(1)(Da) of Scheduled Castes & Scheduled Tribes Act,P.S. Sadar Kotwali, district Sitapur.
2. Heard learned counsel for the revisionist and learned A.G.A. for the State.
3. Learned counsel for the petitioner submits that the revisionist is a juvenile. He is in jail since 5.3.2019. The Medical Board has determined age of the revisionist about 14 years on 25.6.2019. The Juvenile Justice Board on the basis of the report of the Medical Board declared the revisionist as Juvenile, on the date of incident, i.e. 20.1.2019 (Annexure No.7). It is further submitted that the District Probation Officer, Sitapur vide his report dated 3.10.2019 has given his report in favour of the revisionist. He has stated that social and economic position of the family of the revisionist is normal. He has given some suggestion and ultimately concluded that he can be rehabilitated after giving appropriate psychological consultation and also education so as to make him independent.
It is further submitted that the Juvenile Justice Board and also the appellate court while rejecting the bail application(s) overlooked the opinion of the district Probation Officer, Sitapur as also the true spirit and intent of the Legislature as provided under Section 12 of the Act which provides following three contingencies in which bail can be refused to juvenile :
(i) If his 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.
It is submitted that in the present case, no such contingency is present; rather contrary to it, the District Probation Officer, Sitapur has opined that after giving psychological treatment and proper education, the revisionist can be made independent and no adverse material is available against the revisionist.
It is next submitted on behalf of the revisionist that bail to a child in reference to Section 12 of the Act in conflict with law is a rule and denial is an exception.
In support of his contention, learned counsel has relied on a judgment and order dated 11.1.2021 passed by this Court in Criminal Revision No.332 of 2019 Kuldeep Vishwakarma (Minor) through his father Swami Nath versus State of U.P. and another.
4. On the other hand, learned Additional Government Advocate does not dispute the legal proposition and submits that the court may pass appropriate order in the best interest of the child.
5. Having considered the submission made by the parties and taking into consideration the impugned judgment and order and the favourable report of the District Probation Officer as also the legal proposition in reference to Section 12 as also Section 3(i)(iv)(v) and (xiv) of the Juvenile Justice (Care and Protection of Children) Act, 2015, I am of the considered view that the learned lower court has committed material irregularity in arriving at the conclusion that the release of the revisionist on bail will defeat the ends of justice and there is possibility that the revisionist may fall in danger physically, morally and psychologically, if released on bail.
6.Accordingly, the criminal revision is allowed and the judgment and order dated 27.2.2020 (supra) and order dated 11.11.2019(supra) are set aside and the revisionist is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Sitapur subject to the condition that parent/guardian of the revisionist will take care of his education and betterment and will not allow to indulge him in any criminal activity and will keep constant check on his activities. Both the sureties are directed to be close relatives of the revisionist juvenile.
Order Date :- 17.8.2021 kkb/