Allahabad High Court
JUVENILE XversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The High Court held that the Juvenile Justice Board and the appellate court failed to apply the relevant provisions of the Juvenile Justice (Care and Protection) Act, 2015, rendering their orders unlawful, and therefore set them aside while granting bail to the juvenile.
Summary
The revisionist, through the juvenile’s natural guardian, filed a criminal revision under Section 102 of the Juvenile Justice (Care and Protection) Act, 2015, seeking to set aside the Juvenile Justice Board’s order dated 27‑01‑2026 and the appellate court’s order dated 03‑07‑2026, and to obtain bail for the juvenile accused of assault with an axe. The juvenile, aged 14 years 9 months, was alleged to have participated in the offence but the investigation report contained no adverse material against him, and he had no prior criminal record. The High Court examined whether the Juvenile Justice Board and the appellate court had properly applied the relevant provisions of the JJ Act and considered the material on record. Finding that both tribunals had failed to apply their judicial mind to the facts and statutory provisions, the Court held that their orders were unlawful. Consequently, the Court set aside both the Juvenile Justice Board and appellate court orders and granted bail on condition of personal bond, sureties and undertakings by the guardian. The decision also imposed reporting and supervision requirements on the juvenile and his guardian.
Issues considered
- Whether the Juvenile Justice Board and the appellate court erred in rejecting bail and not considering material evidence and statutory provisions applicable to a juvenile under the JJ Act.
- Whether a revision under Section 102 of the Juvenile Justice (Care and Protection) Act, 2015 is maintainable to set aside the orders of the Juvenile Justice Board and the appellate court.
- Whether bail can be granted to a juvenile accused under Sections 109, 115(2), 352 and 351(2) of the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 351(2), 352
- Juvenile Justice (Care and Protection) Act, 2015 — s. 102
Subjects
- juvenile justice
- revision
- bail
- Section 102 JJ Act
- age of criminal responsibility
- Juvenile Justice Board
- Indian Penal Code
- court order set aside
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 4999 of 2026
Juvenile X
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Opendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE SUBHASH CHANDRA SHARMA, J.
Compliance affidavit along with service of notice on the informant filed
today by learned A.G.A. is taken on record.
Notice has already been served on the opposite party but none put
appearance on his part.
Heard learned counsel for revisionist as well as learned A.G.A. for State and
perused the record.
The present criminal revision has been preferred by the revisionist through
his natural guardian 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 judgment and order dated 03.07.2026
passed by learned Juvenile Court, Auraiya in Criminal Appeal No. 50 of
2026 as well as order dated 27.01.2026 passed by Juvenile Justice Board,
Auraiya. Further prayed to stay the operation of the aforesaid orders and to
release the revisionist on bail in Case Crime No. 718 of 2025, under Sections
109, 115(2), 352, 351(2) B.N.S., Police Station Dibiyapur, District Auraiya.
It is submitted by learned counsel for the revisionist that in this case, he is
innocent and has been falsely implicated. He has committed no offence. The
delinquent was aged about 14 years, 9 months and 17 days at the time of
alleged incident. As per F.I.R. he committed the offence with other co-
accused persons but during the course of investigation he has specified the
role of making assault with axe on the injured. There is nothing specified
and adverse to the present delinquent in the report as submitted by the
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2
District Probation Officer except public opinion. The learned J.J. Board did
not consider all these facts while deciding the bail application and the
learned appellate court also did not consider the material available on record
while rejecting the appeal which cannot be said to be lawful. The delinquent
is in Juvenile Care Home since 23.12.2025, having no any criminal
antecedent and his psychology is being affected adversely, therefore,
requested to set aside the order passed by the J.J. Board as well as appellate
court and allow the criminal revision.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by
learned counsel for the revisionist as well as learned A.G.A., perusal of
record, the age of the delinquent, the period he remained in observation
home and nature of injury on the person of injured, it appears that J.J. Board
as well as the appellate court has not considered the relevant provisions and
the material on record in well manner but passed the order 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 27.01.2026
and the appellate court dated 03.07.2026 are, hereby, set aside and present
Criminal Revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing
personal bond by the revisionist (legal guardian of the delinquent) and two
sureties each in the like amount to the satisfaction of the Juvenile Justice
Board concerned on following conditions:-
(i) The revisionist/natural guardian will furnish an undertaking that upon
release on bail the revisionist will not be permitted to go into contact or
association with any known criminal or allowed to be exposed to any moral,
physical, or psychological danger and further that the father will ensure that
the juvenile will not repeat the offence.
(ii) The revisionist/natural guardian will further furnish an undertaking to the
effect that the juvenile will pursue his study at the appropriate level which he
would be encouraged to do besides other constructive activities and not be
allowed to waste his time in unproductive and excessive recreational
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pursuits.
(iii) Juvenile and the revisionist/natural guardian will report to the Probation
Officer on the first Monday of every calendar month.
(iv) The Probation Officer will keep a strict vigil on the activities of the
juvenile and regularly draw up his social investigation report that would be
submitted to the Juvenile Justice Board, concerned on such a periodical basis
as the Juvenile Justice Board may determine.
September 23, 2026
Anurag Singh
(Subhash Chandra Sharma,J.)
Digitally signed by :-
ANURAG SINGH
High Court of Judicature at Allahabad
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