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2025 DAILYLAW 126934 (ALL)

MR. X (JUVENILE) THRU. HIS MOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND ANOTHER

/280/2025 · 2025-09-12

Saurabh Lavania

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 280 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Case called out. No one appeared on behalf of the opposite party No. 2 despite service of notice, as appears from Annexure No. CA-1 to the counter affidavit of State. Learned AGA is present in the Court. In these circumstances, the Court proceeded to hear the instant bail revision 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 03.02.2025, passed by the Additional Sessions Judge/Special Judge (POSCO Act), Sultanpur in Criminal Appeal No. 76 of 2024 (Deepak alias Arpit Versus State of U.P.), which was preferred against the order dated 27.11.2024, passed by the Juvenile Justice Board, Sultanpur in Case Crime No.322/2021, under Sections 302 IPC Police Station-Kadipur, District-Sultanpur. 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 29.08.2021 and as such taking note of the period of incarceration alone i.e. about 4 years and 20 days, the revisionist is entitled to be released on bail. Learned counsel for the revisionist has placed reliance upon the judgment of Hon'ble Apex Court in the case of Paras Ram Vishnoi Vs. The Director, Central Bureau of Investigation, Criminal Appeal No.693 of 2021 arising out of SLP (Crl.) No.3610 of 2020 and Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 695. 6. It is further stated that name of the revisionist was surfaced during the investigation Versus Counsel for Revisionist(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A. Mr. X (Juvenile) Thru. His Mother .....Revisionist(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) in the 'Majeed Bayan'. 7. 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. 8. 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. 9. Thus having regard to overall facts and circumstances of the case, I find force in the revision. Accordingly, the revision is allowed. 10. The impugned judgment and order dated 03.02.2025, passed by the Additional Sessions Judge/Special Judge (POSCO Act), Sultanpur in Criminal Appeal No. 76 of 2024 (Deepak alias Arpit Versus State of U.P.) and the order dated 27.11.2024, passed by the Juvenile Justice Board, Sultanpur in Case Crime No.322/2021, under Sections 302 IPC Police Station-Kadipur, District-Sultanpur, are hereby set aside. 11. Let Juvenile 'X', of 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. 12. 12. 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 12, 2025 Jyoti/- CRLR No. 280 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench