HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 391 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Supplementary affidavit filed on behalf of revisionist and affidavit filed by State in the Court today are taken on record. 2. Vakalatnama filed by Sri Awadhesh Kumar Tiwari, Advocate on behalf of the private opposite party(s) in the Court today is also taken on record. 3. Heard learned counsel for the parties 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 19.03.2025, passed by the Additional Sessions Judge/Special Judge, POCSO Act, Gonda in Criminal Appeal No.11 of 2025, which was preferred against the order dated 07.02.2025, passed by the Juvenile Justice Board, Gonda in Case Crime No.462/2024, under Section- 351(3) BNS and Section- 5/6 POCSO Act, Police Station- Paraspur, District- Gonda. 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 and concocted. Versus Counsel for Revisionist(s) : Janardan Singh Counsel for Opposite Party(s) : G.A., Awadhesh Kumar Tiwari, Ram Singh Juvenile X Thru His Natural Guardian /Mother .....Revisionist(s) State Of U.P. Thru. Prin. Addl. Chief Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s) 6. It is further stated that the revisionist, a juvenile, is languishing in jail since 12.12.2024 and he is having no criminal history, which has not been opposed by the side opposite. 7. It is further stated that the statement of victim (PW-1) has already been recorded before the Juvenile Court and a perusal of statement of this witness annexed as Annexure Nos. SA-1 to the supplementary affidavit filed in the Court today would indicate that the victim (PW-1) has not supported the story of prosecution. 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 the courts concerned in rejecting the prayer of bail sought by the revisionist, as there was ample evidence against him. However, 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 particularly the period of incarceration and that victim has already been declared hostile, I find force in the revision. Accordingly, the revision is allowed. 11. The impugned judgment and order dated 19.03.2025, passed by the Additional Sessions Judge/Special Judge, POCSO Act, Gonda in Criminal Appeal No.11 of 2025, which was preferred against the order dated 07.02.2025, passed by the Juvenile Justice Board, Gonda in Case Crime No.462/2024, under Section- 351(3) BNS and Section- 5/6 POCSO Act, Police Station- Paraspur, District- Gonda, are hereby set aside. 12. 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 CRLR No. 391 of 2025 2 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 12, 2025 Arun/- CRLR No. 391 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench