JUVENILE DELINQUENT A (MINOR) THRU. HIS FATHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLR/97/2025 · 2025-08-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116041 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116041 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46204 Court No. - 11 Case :- CRIMINAL REVISION No. - 97 of 2025 Revisionist :- Juvenile Delinquent A (Minor) Thru. His Father Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Revisionist :- Nasreen Bano,Shyam Kinkar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the revisionist, Shri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the material placed on record. 2. This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short
"Act of 2015") read with Section 397/401 of the Cr.P.C. has been filed against the judgment and order dated 10.09.2024, passed by the Additional Sessions Judge/Special Judge, POCSO Act/Juvenile Justice Court, Lucknow in Criminal Appeal No.214 of 2024 (Golu Verma @ Swapnil Patel Vs. Sate of U.P.), which was preferred against the order dated 23.09.2024, passed by the Juvenile Justice Board, Lucknow in Criminal Misc. Case No.94/2024, arising out of FIR No.186/2024, under Sections 376, 376D, 452, 504, 506 I.P.C. and Section 5/6 of the POCSO Act, Police Station -Chinhat, District- Lucknow. 3. 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. 4. It is further stated that the revisionist, a juvenile, is languishing in jail since 29.04.2024 and he is having no criminal history, 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. In these circumstances, the revisionist is entitled to be enlarged on bail and 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. 5. 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. 6.
Thus, having regard to overall facts and circumstances of the case, I find it to be a fit case for bail. Accordingly, the revision is allowed. 7. The impugned judgment and order dated 10.09.2024, passed by the Additional Sessions Judge/Special Judge, POCSO Act/Juvenile Justice Court, Lucknow in Criminal Appeal No.214 of 2024 (Golu Verma @ Swapnil Patel Vs. Sate of U.P.), and the order dated 23.09.2024, passed by the Juvenile Justice Board, Lucknow in Criminal Misc. Case No.94/2024, arising out of FIR No.186/2024, under Sections 376, 376D, 452, 504, 506 I.P.C. and Section 5/6 of the POCSO Act, Police Station -Chinhat, District- Lucknow are set aside. 8. Let Juvenile Delinquent 'A' (Minor) of the aforesaid Case Crime Number be enlarged on bail, in the above mentioned case on executing a personal bond by his father/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 father that he 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 his counsel, failing which, the order of bail granted to Juvenile may be cancelled. 9. 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 :- 7.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench