REVISIONIST IS MINOR D THRU. HIS NATURAL GUARDIAN /FATHER P.S. HUZURPUR BAHRAICH v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
CRLR/646/2025 · 2025-06-23
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144898 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144898 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36124 Court No. - 11 Case :- CRIMINAL REVISION No. - 646 of 2025 Revisionist :- Revisionist Is Minor D Thru. His Natural Guardian /Father P.S. Huzurpur Bahraich Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Revisionist :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the order dated 26.5.2025 passed by learned Child Court, Bahraich in Crl Appeal No.38 of 2025 (Akeel Ahmad (minor) Vs. State of U.P. and Another) and affirm the order dated 15.5.2025 passed by learned Juvenile Justice Board, Bahraich in Bail Application No. 28/12A/2025 arising out of Case Crime No.58 of 2025, under Sections 191(2), 191 (3), 103 (1), 109, 110, 3 (5), 351 (3) of BNS Act, Police Station Huzurpur, District Bahraich. It is submitted by the learned counsel for the revisionist that in this case he is minor and has not been assigned the role of either to assault or to stabbed the deceased Israil but he is said to have made assault on Taufiq, Sonu and Mainuddin. He further submits that the injury caused to them are simple in nature. It is further submitted that co-accused Abrar and Asraf have already been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 4066 of 2025 and Crl. Misc. Bail Application No. 4024 of 2025 and the case of the present revisionist is on similar footing with the aforesaid co-accused and he is also minor and is in jail since 5.5.2025. All these facts were not taken into consideration by the learned J.J. Board and the court of learned Session, therefore request to set aside the impugned orders and allow the revision. Learned A.G.A. opposed the prayer as aforesaid.
On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the role of the present revisionist, his age
and the fact that the other co-accused persons have already been granted bail by co-ordinate Bench of this Court and also the fact that the main role of stabbing assigned to Banney, the case of present revisionist is made out, therefore, this criminal revision is allowed and the order passed by learned J.J. Board and the court of learned Sessions are hereby set aside. Accordingly, the orders passed by Juvenile Justice Board dated 15.05.2025 and the learned child court dated 26.05.2025 are, hereby, set aside and present criminal revision is hereby, allowed. It is directed that delinquent be released on bail on executing person bond by the revisionist (father of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :- (i) The revisionist/ father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the father will ensure that the juvenile will not repeat the offence. (ii) The revisionist/ father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits. (iii) Juvenile and the revisionist/ father will report to the Probation Officer on the first Monday of every calendar month.
(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such a periodical basis as the Juvenile Justice Board may determine. Order Date :- 23.6.2025 GS/A. Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench