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2025 DAILYLAW 114058 (ALL)

JUVENILE THRU. MOTHER v. STATE OF U.P. THRU. A.C.S/PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

CRLR/101/2025 · 2025-08-12

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47150 Court No. - 11 Case :- CRIMINAL REVISION No. - 101 of 2025 Revisionist :- Juvenile Thru. Mother Opposite Party :- State Of U.P. Thru. A.C.S/Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Revisionist :- Mohd Najrul Abdeen,Shaista Parveen Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. The opposite party no.2/complainant chose not to appear before this Court to oppose the instant appeal despite service of notice, as appears from office report dated 21.02.2025. Learned A.G.A. is present in the Court. In these circumstances, this Court proceeded to hear the instant appeal, which relates to enlargement of appellant on bail, on merits. 2. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material placed on record. 3. This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act of 2015") has been filed against the judgment and order dated 06.11.2024, passed by Additional Sessions Judge/Juvenile Court/Special Judge (POCSO Act), Lucknow in Criminal Appeal juvenile No.245 of 2024 bearing C.T. No.69 of 2024, which was preferred against the order dated 24.05.2024, passed by the Juvenile Justice Board, Lucknow in Criminal Case No.69 of 2024 (State Vs. Mohd. Hussain), arising out of Case Crime No.23 of 2024, under Sections 363, 366, 328, 323, 376- D I.P.C. & Section 5/6 of POCSO Act, P.S.- Sahadatganj, District- Lucknow. 4. Learned counsel for the revisionist has submitted that the revisionist has been falsely implicated in the case, inasmuch as, the revisionist has not committed any offence as alleged and the prosecution story is false, concocted and misconceived. 5. It is further stated that the revisionist, a juvenile, is languishing in jail since 23.02.2024, which has not been opposed by the side opposite, and as per Section 18(1)(g) of the Act of 2015, the maximum punishment which could be awarded to a juvenile is three years and as such, taking note of the period of incarceration, the juvenile is entitled to be enlarged on bail. 6. It is further stated that there is no apprehension that after being released on bail he may come with the contact of the known and unknown bet criminals or may be exposed to moral, physical or psychological danger. 7. Learned A.G.A., on the other hand, submitted that no illegality has been committed by both the courts below as there was ample evidence against the revisionist, but he has not disputed the above submissions of learned counsel for the revisionist. 8. Thus having regard to overall facts and circumstances of the case, I find force in the revision. Accordingly, the revision is allowed. 9. The impugned judgment and order dated 06.11.2024, passed by Additional Sessions Judge/Juvenile Court/Special Judge (POCSO Act), Lucknow in Criminal Appeal juvenile No.245 of 2024 bearing C.T. No.69 of 2024, which was preferred against the order dated 24.05.2024, passed by the Juvenile Justice Board, Lucknow in Criminal Case No.69 of 2024 (State Vs. Mohd. Hussain), arising out of Case Crime No.23 of 2024, under Sections 363, 366, 328, 323, 376-D I.P.C. & Section 5/6 of POCSO Act, P.S.- Sahadatganj, District- Lucknow are set aside. 10. Let Juvenile 'X', of aforesaid Case Crime Number be enlarged on bail, in the above mentioned case on executing a personal bond by his mother/natural guardian with two reliable sureties in the like amount to the satisfaction of the Court/Board concerned and on submission of undertaking on affidavit by his mother that she will take due care of the juvenile, will not allow him to indulge in any unlawful or criminal activity or join the company of unlawful elements, will keep him under strict control, shall not attempt or tamper with the evidence or threaten the witnesses, shall not seek any adjournment on the date fixed for evidence, shall remain present before the trial Court on each date fixed either personally or through her counsel, failing which, the order of bail granted to Juvenile may be cancelled. 11. For a period of one year from today, the Juvenile shall appear before the District Probation Officer concerned along with his natural guardian on 10th of every month. Order Date :- 12.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench