Neutral Citation No. - 2025:AHC-LKO:17050 Court No. - 12 Case :- CRIMINAL REVISION No. - 72 of 2025 Revisionist :- Juvenile Delinquent 'S' Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Revisionist :- Shanker Lal Pandey Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Shanker Lal Pandey, learned counsel for the revisionist as well as learned AGA on behalf of the respondents. 2. The present criminal revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been filed against the order dated 23.09.2024 passed by the learned Juvenile Justice Board, Pratapgarh wherein bail application of the juvenile revisionist has been rejected. 3. It has been submitted that a first information report in Case Crime No.293 of 2023 was lodged under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station - Antu, District - Pratapgarh. According to the first information report, on the date of incident i.e. 25.07.2023 at 11:00 PM, his minor daughter had gone outside for toilet and did not come back after sufficient long length of time. Subsequently, it was found that his daughter has been lured by the revisionist and was also beaten and insulted by the family of the revisionist and his cloths were torned and she informed about the sexual assault. It has been submitted by the counsel for the revisionist that there was delay of two days in lodging of the said first information report and even in the statement under Section 161 Cr.P.C. of the prosecutrix, it was stated that she had gone with the revisionist on her own will and the same statement was given under Section 164 Cr.P.C. where she did not support the case of the prosecution and stated that she had gone along with the prosecutrix on her own will. It has also been submitted that the prosecutrix got married the accused/ juvenile and also has a child which was born on 23.11.2024. We also perused the report of the District Probation Officer/ Juvenile Justice Board dated 11.07.2024. According to the report of the District Probation Officer, there are chances that in case the juvenile is released on bail, he shall again try contact the prosecutrix and on consideration of the aforesaid facts the bail was rejected. 4. Considering the fact that the juvenile has been in jail for more than one year and also that he has married the prosectrix and they have a child, I do not find any valid reason for relying upon the report of the District Probation Officer apart from the fact. In the aforesaid facts and circumstances stated above, I find a fit case for grant for bail. 5. Accordingly, the revision is allowed and the orders dated 23.09.2024 and 18.12.2024 are set aside. 6. Let revisionist Juvenile Delinquent 'S' (Minor), in pending revision, be released on bail in Case Crime No.293 of 2023 lodged under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station - Antu, District - Pratapgarh on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions: i) The revisionist shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The revisionist shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the revisionist misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the revisionist fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The revisionist shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the revisionist is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 25.3.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench