JUVENILE DELINQUENT S THRU. HIS MOTHER OF CASE CRIME NO 22/2024 v. STATE OF U.P THRU. PRIN. SECY. CIVIL SECRT. LKO. AND ANOTHER
CRLR/674/2024 · 2025-08-07
Saurabh Lavania
Criminal Appealbody2025
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[ 2025 DAILYLAW 142714 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 142714 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46217 Court No. - 11 Case :- CRIMINAL REVISION No. - 674 of 2024 Revisionist :- Juvenile Delinquent S Thru. His Mother Of Case Crime No 22/2024 Opposite Party :- State Of U.P Thru. Prin. Secy. Civil Secrt. Lko. And Another Counsel for Revisionist :- Girish Kumar Pande,Meenakshi Pandey,Prashant Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Case called out. The respondent no.2/complainant chose not to appear before this Court to oppose the instant appeal despite service of notice, as appears from office report dated 12.07.2024. Learned A.G.A. for the State is present in the Court. In these circumstances, the Court proceeded to hear the instant revision, which relates to enlargement of revisionist on bail, on merits.
2. Heard learned counsel for the revisionist, Shri Ajay Kumar Srivastava, 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 16.05.2024, passed by the Additional Sessions Judge/Special Judge, POCSO Act, Lucknow in Criminal Appeal No.90 of 2024 (X Minor Juvenile Delinquent Vs. Sate of U.P.), which was preferred against the order dated 16.03.2024, passed by the Juvenile Justice Board, Mohan Road, Lucknow in Criminal Case No.22 of 2024 (State of U.P. Vs. X Minor), arising out of FIR/Case Crime No.206/2022, under Sections 394, 302, 411, 201 I.P.C., Police Station- Kakori, District- Lucknow.
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 30.10.2022, 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.
6. It is further stated that if the case of prosecution, as alleged in the FIR, is taken on its face value, then it is a case of circumstantial evidence and strong link to connect
the revisionist with crime are missing. 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.
7. 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 he has not disputed the above submissions of learned counsel for the revisionist.
8. Thus having regard to overall facts and circumstances of the case, particularly period of incarceration, I find force in the revision. Accordingly, the revision is allowed.
9. The impugned judgment and order dated 16.05.2024, passed by the Additional Sessions Judge/Special Judge, POCSO Act, Lucknow in Criminal Appeal No.90 of 2024 (X Minor Juvenile Delinquent Vs. Sate of U.P.), which was preferred against the
order dated 16.03.2024, passed by the Juvenile Justice Board, Mohan Road, Lucknow in Criminal Case No.22 of 2024 (State of U.P. Vs. X Minor), arising out of FIR/Case Crime No.206/2022, under Sections 394, 302, 411, 201 I.P.C., Police Station- Kakori, District- Lucknow are set aside.
10. 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.
11. 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 :- 7.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench