Neutral Citation No. - 2025:AHC-LKO:45961 Court No. - 11 Case :- CRIMINAL REVISION No. - 450 of 2023 Revisionist :- Pushpendra Thru. His Father Jaduveer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Revisionist :- Shailesh Kumar Singh,Aditya Singh Tomer,Jitendra Bahadur,Shiv Sinha,Shobh Nath Yadav Counsel for Opposite Party :- G.A.,Dr. Shailendra Sharma,Shitesh Jha Hon'ble Saurabh Lavania,J. 1. On earlier occasion on 30.07.2025 private opposite party no.2 was not present and, therefore, in the interest of justice the case was adjourned. 2. Today when the case was called out, again learned counsel for opposite party no.2 failed to appear before this Court. 3. Taking note of the aforesaid, this Court proceeded to decide the instant revision, which relates to enlargement of juvenile on bail, on merits. 4. Heard Shri Shiv Sinha, learned counsel for the revisionist, Shri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the material placed on record. 5. This criminal revision under Section 53/102 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 13.03.2023, passed by the Special Judge (POCSO)/Special Judge Children Court/Additional Session Judge/Court No.11, Lakhimpur Kheri in Criminal Appeal No.59 of 2022 (X Minor Juvenile Delinquent Vs. State of U.P.), which was preferred against the order dated 05.12.2022, passed by the Juvenile Justice Board, Lakhimpur Kheri in Criminal Case No.29 of 2022 (State Vs. X Minor), arising out of FIR/Case Crime No.660 of 2022, under Section 376-DA of I.P.C. & Section 5g/6 of POCSO Act, Police Station- Mohamdi, District- Kheri. 6. 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. 7. It is further stated that the revisionist, a juvenile, is languishing in jail since 16.09.2022 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. 8. It is further stated that if the case of prosecution, as alleged in the FIR, is taken on its face value, even then the same would fall under Section 304 Part II IPC and not under Section 304 IPC. 9. It is further stated that co-accused namely Nikhil alias Nikhil Kumar and Vimal have already been enlarged on bail by this Court vide orders dated 28.08.2024 and 21.02.2025 passed in Criminal Misc. Bail Application Nos.5494 of 2024 and 11145 of 2024 respectively. In these circumstances, the revisionist is also 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. 10. 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 they have not disputed the above submissions of learned counsel for the revisionist. 11. Thus having regard to overall facts and circumstances of the case, I find force in the revision. Accordingly, the revision is allowed. 12. The impugned judgment and order dated 13.03.2023, passed by the Special Judge (POCSO)/Special Judge Children Court/Additional Session Judge/Court No.11, Lakhimpur Kheri in Criminal Appeal No.59 of 2022 (X Minor Juvenile Delinquent Vs. State of U.P.), which was preferred against the order dated 05.12.2022, passed by the Juvenile Justice Board, Lakhimpur Kheri in Criminal Case No.29 of 2022 (State Vs. X Minor), arising out of FIR/Case Crime No.660 of 2022, under Section 376-DA of I.P.C. & Section 5g/6 of POCSO Act, Police Station- Mohamdi, District- Kheri are set aside. 13. 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. 14. 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 :- 6.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench