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2025 DAILYLAW 142497 (ALL)

MR. X OF CASE CRIME NO 330/2023 THRU. ITS FATHER v. STATE OF U.P. THRU.PRIN.SECY. HOME DEPTT. AND ANOTHER

CRLR/657/2024 · 2025-02-19

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10874 Court No. - 16 Case :- CRIMINAL REVISION No. - 657 of 2024 Revisionist :- Mr. X Of Case Crime No 330/2023 Thru. Its Father Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Deptt. And Another Counsel for Revisionist :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the revisionist, learned A.G.A. for the State-respondent. None appears for respondent No.2 although notices is served. The present criminal revision has been filed to quash the judgment and order dated 19.04.2024 passed by the Juvenile Justice Board, Sultanpur in Case Crime No.330/2023, under Sections 302, 323, 34 IPC, P.S. Akhand Nagar, District Sultanpur and order dated 22.05.2024 passed by Additional Session Judge/ Room No.13, Sultanpur in Criminal Appeal Juvenile No.26/2024. Learned counsel for the revisionist submits that the impugned orders dated 19.04.2024 and 22.05.2024 have been passed de hors the provisions of Section 12 of the Juvenile Justice Act. It is next submitted that in the F.I.R. general role has been assigned to all the accused persons. The injured Sachin Gaud has not assigned any role to the present revisionist. Except the confessional statement of the co-accused, revisionist and the false recovery of knife from the pointing out of co-accused, no other material is available with the prosecution. Revisionist was juvenile at the time of offence, he was 17 years and 11 months old. Revisionist has no criminal history. The D.P.R.O. in it's report has not made any adverse remark against the applicant. Learned A.G.A. has opposed the revision petition. Perused the record. On due consideration to the statement of injured witnesses, the role assigned to the present applicant, lack of corroborative evidence to support the prosecution case, the D.P.R.O. report and the fact that revisionist has no criminal history and this Court prima facie believes that factors provided in the proviso of sub-section (1) of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 did not apply in this case so also the period of incarceration gone into by the revisionist, the bail application is allowed. The judgment and order dated 19.04.2024 passed by the Juvenile Justice Board, Sultanpur in Case Crime No.330/2023, under Sections 302, 323, 34 IPC, P.S. Akhand Nagar, District Sultanpur and order dated 22.05.2024 passed by Additional Session Judge/ Room No.13, Sultanpur in Criminal Appeal Juvenile No.26/2024, are set aside and the revisionist is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Juvenile Justice Board subject to the condition that parent of the revisionist will take care of his education and betterment and will not allow to indulge him in any criminal activity and will keep constant check on his activities. Both the sureties are directed to be close relatives of the revisionist juvenile. Let a certified copy of this order be provided to learned counsel for the revisionist on payment of usual charges within 24 hours. Order Date :- 19.2.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench