C (JUVENILE) THRU. HIS LEGAL AND NATURAL GUARDIAN MOTHER B v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLR/245/2025 · 2025-09-03
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 117591 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117591 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 245 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. On 29.08.2025, this Court had passed the following order:-
"Case called out. None appeared on behalf of opposite party no.2/complainant despite service of notice, as appears from Office report dated 26.03.2025. In the interest of justice, list/put up this case on 03.09.2025. It is made clear that on the next date of listing, the case would not be adjourned on any ground and an appropriate order would be passed even in absence of learned counsel for the opposite party no.2."
2. Today when the case was called out, no one appeared on behalf of the opposite party No. 2/complainant. Learned AGA is present in the Court. In these circumstances, the Court proceeded to hear the instant bail revision on merits. 3. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material placed on record. 4. 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 19.01.2024, passed by the Juvenile Court/Special Judge ( POCSO Act), Pratapgarh in Criminal Appeal No.85 of 2023, which was filed against the order dated 15.09.2023, passed by the Juvenile Justice Board, Pratapgarh in Case Crime No.0191/2023, under Versus Counsel for Revisionist(s) : Vineet Kumar Chaurasia, Dhiraj Chaurasiya Counsel for Opposite Party(s) : G.A. C (Juvenile) Thru. His Legal And Natural Guardian Mother B .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Sections 302, 504, 506 IPC, Police Station- Kotwali City, District- Pratapgarh. 5. 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. 6.
It is further stated that the revisionist, a juvenile, is languishing in jail since 17.03.2022 and he is having no criminal history, which has not been opposed by the learned AGA, 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, which however is subject to other provisions of the Act of 2015 including Section 21 of the Act of 2015, and as such, taking note of the period of incarceration, the juvenile is entitled to be enlarged on bail. 7. It is further stated that initially the FIR in issue registered as Case Crime No.0191/2023 was lodged under Sections 304, 504, 506 IPC at Police Station- Kotwali City, District- Pratapgarh and subsequently, the offence under Section 302 IPC was added/altered. The trial convicted co-accused Arif for the offence punishable under Section 304 Part II IPC and acquitted other co-accused namely Shabnam and Meena for all the offences vide judgment and order dated 27.06.2025 passed in said Case Crime Number. The copy of judgment and order dated 27.06.2025 placed before this Court is taken on record. 8. It is further stated that in these circumstances, the revisionist is entitled to be enlarged on bail and in case he is enlarged on bail, 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. 9. Learned AGA, 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. 10.
Thus having regard to overall facts and circumstances of the case including the period of incarceration and also that two accused have already been acquitted and also the chances of conclusion of trial in near future, I CRLR No. 245 of 2025 2
find force in the revision. Accordingly, the revision is allowed. 11. The impugned judgment and order dated 19.01.2024, passed by the Juvenile Court/Special Judge ( POCSO Act), Pratapgarh in Criminal Appeal No.85 of 2023 and the order dated 15.09.2023, passed by the Juvenile Justice Board, Pratapgarh in Case Crime No.0191/2023, under Sections 302, 504, 506 IPC, Police Station- Kotwali City, District- Pratapgarh, are hereby set aside. 12. Let Juvenile 'C', 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. 13. 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. September 3, 2025 Arun/- CRLR No. 245 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench