HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 696 of 2024 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Supplementary affidavit filed in the Court today is taken on record. 2. Case called out. No one appeared on behalf of the opposite party No. 2/complainant despite service of notice, as appears from letter of C.J.M., Sultanpur dated 08.08.2024. Learned AGA is present in the Court. In these circumstances and taking note of the fact that complainant and victim have already been declared hostile before the court concerned, this 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 07.03.2024, passed by the Additional Sessions Judge/Special Judge, POCSO Act, Room No. 13, Sultanpur in Criminal Appeal No.05 of 2024, which was preferred against the order dated 23.01.2024, passed by the Juvenile Justice Board, Sultanpur in Case Crime No.189/2023, under Sections 377, 506 IPC and Section 5M/6 POCSO Act, Police Station- Bandhuwa Kala, District- Sultanpur. 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. 6. It is further stated that the revisionist, a juvenile, is languishing in jail since 14.10.2023 and he is having no criminal history, which has not been opposed by the side opposite. 7. It is further stated that the statement(s) of complainant (PW-1) and victim (PW-2) have already been recorded before the Juvenile Court and a perusal of statements of Versus Counsel for Revisionist(s) : Satyendra Nath Mishra Counsel for Opposite Party(s) : G.A. X (Minor) Thru His Mother Z .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) these witnesses annexed as Annexure Nos. SA-1 to the supplementary affidavit filed in the Court today would indicate that they have 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 that complainant and victim have already been declared hostile, I find force in the revision. Accordingly, the revision is allowed. 11. The impugned judgment and order dated 07.03.2024, passed by the Additional Sessions Judge/Special Judge, POCSO Act, Room No. 13, Sultanpur in Criminal Appeal No.05 of 2024 and the order dated 23.01.2024, passed by the Juvenile Justice Board, Sultanpur in Case Crime No.189/2023, under Sections 377, 506 IPC and Section 5M/6 POCSO Act, Police Station- Bandhuwa Kala, District- Sultanpur, 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 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 9, 2025 Arun/- CRLR No. 696 of 2024 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench