JUVENILE X , IN CASE CRIME NO210/2024 THRU. HIS FATHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND ANOTHER
CRLR/664/2025 · 2025-08-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145985 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145985 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47127 Court No. - 11 Case :- CRIMINAL REVISION No. - 664 of 2025 Revisionist :- Juvenile X , In Case Crime No210/2024 Thru. His Father Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another Counsel for Revisionist :- Panna Lal Gupta,Amit Kumar,Subrat Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Letter no.321 dated 23.07.2025 of I/c C.J.M. Ambedkar Nagar indicates that the service upon opposite party No.2 is sufficient. However, today when the case called out, no one appeared on behalf of opposite party No.2 to oppose the present revision.
2. Heard learned counsel for the revisionist as well as learned Additional Government Advocate for the State of U.P. and perused the record.
3. Present revision has been filed by the revisionist under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act of 2015") against the
judgment and order dated 22.05.2025, whereby the appellate court i.e. Special Judge, POCSO Act, Ambedkar Nagar, dismissed the appeal filed by the revisionist. 4. Further submitted that by means of instant revision, the order dated 24.04.2025 passed by the Juvenile Justice Board, Ambedkar Nagar in Bail Application No. 106 of 2025, arising out of Case Crime No. 210 of 2024, under Sections 103(1), 3(5) BNS, P.S.-Aliganj, District- Ambedkar Nagar has also been impeached by the revisionist. 5. By the order dated 24.04.2025 passed by the Juvenile Justice Board, Gonda, the bail application of the revisionist was rejected and this order was affirmed by the appellate court, by the impugned order dated 22.05.2025. 6. Learned counsel for the revisionist stated that the revisionist is in jail since 29.09.2024 and accordingly, the period of incarceration would be about one year and eleven months and as per Section 18(1)(g) of the Act of 2015, maximum punishment could be awarded to a juvenile is three years. 7. Further submission is that the revisionist has no criminal history which has not been opposed by learned AGA based
upon the instructions received. 8. It is also submitted that taking note of period of incarceration of the revisionist, the revisionist is entitled to be released on bail. Reliance has been placed on the judgments passed by Hon'ble Supreme Court in the case of Union of India Vs. K.A. Najeeb reported in AIR 2021 SCC 712, Paras Ram Vishnoi. Vs. The Director General Bureau of Investigation, passed in Criminal Appeal No.693 of 2021 (Arising out of SLP (Crl.) 3610 of 2020), Gokarakonda Naga Saibaba. Vs. State of Maharashtra, (2018) 12 SCC 505. 9. Further stated that according to the case of prosecution as narrated in FIR No. 210 of 2024, under Sections 103(1), 3(5) BNS, P.S.-Aliganj, District- Ambedkar Nagar is a case of circumstantial evidence and there is no direct link with the prosecution to connect the revisionist with the crime. 10. It is further stated that report of District Probation Officer concerned also indicates that the revisionist has no criminal background or organisation with any known or unknown criminal. 11. Further submission is that recovery memo of the weapon i.e. knife and blood stained cloth on record alleged to be recovered on being pointed out by the revisionist is a bogus document as the same has been prepared by the prosecution to implicate the revisionist.
In this regard the prosecution has not received the FSL report which could connect the same with the present case. 12. It is also stated that there is no witness of last seen available with the prosecution. 13. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the revisionist. 14. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and also period of incarceration and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail and accordingly, the criminal revision is allowed. 15. The judgment and order dated 22.05.2025 passed by the appellate Court as also the order dated 24.04.2025 passed by the Juvenile Justice Board, Ambedkar Nagar, are hereby set aside. 16. Let Juvenile X , In Case Crime No.210/2024 Thru. His
Father 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 her counsel, failing which, the order of bail granted to Juvenile may be cancelled. 17.
17. 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 :- 12.8.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench