Neutral Citation No. - 2025:AHC-LKO:36300 Court No. - 11 Case :- CRIMINAL REVISION No. - 663 of 2025 Revisionist :- X Minor Case Crime No. 121/2024, Thru His Mother Z Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Satyendra Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Vakalatnama filed today by Sri Ashutosh Singh, Advocate on behalf of opposite party no. 2 is taken on record. Supplementary affidavit filed today by learned counsel for the revisionist is taken on record. Heard learned counsel for the revisionist, learned counsel for opposite party no. 2 as well as learned A.G.A for the State and perused the record. This criminal revision under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the 'Act') has been preferred on behalf of revisionist with the prayer to set aside the order dated 18.01.2025 passed by Additional Session Judge/Special Judge (POCSO Act)-12, Sultanpur in Crl. Appeal No. 78 of 2024 (Saad Saiyyad @ Saad Asgar Vs. State of U.P.) as well as the order dated 20.11.2024 passed by Juvenile Justice Board, Sultanpur in Case Crime No. 121 of 2024, under Sections 363, 376 I.P.C and Section 3/4 POCSO Act, Police Station-Dostpur, District Sultanpur by which appeal has been rejected and also prays to release the delinquent/applicant on bail in the aforesaid case. Learned counsel for the revisionist has contended that the revisionist is innocent and has been falsely implicated in the present case. He has committed no offence. He did not entice away the victim to Mumbai. Before the learned trial court the statements of P.Ws. 1 to 3 have already been recorded. P.W. 2 victim who has deposed before the learned trial court that she was not enticed away by the revisionist and no rape was committed by him with her. She went to the house of her relative without telling this fact to the members of her family. When she came back she knew about the lodging of F.I.R. by her father. The report submitted by the Probation Officer is also not against him. No offence is made out against the revisionist. The juvenility of the delinquent was not considered by the J.J. Board or by the appellate court and even the provisions as contained u/s 12 of the aforesaid Act was not considered by the court below. The report of District Probation Officer is also not adverse to the delinquent. The delinquent is in Juvenile Care Home since 16.05.2024 and his psychology is being affected adversely, therefore, requested to set aside order passed by the J.J. Board as well as appellate court and allow the criminal revision. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, it appears that Juvenile Justice Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the order without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside. Accordingly, the orders passed by Juvenile Justice Board dated 20.11.2024 and the appellate court dated 18.01.2025 are, hereby, set aside and the present criminal revision is hereby, allowed. It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person bond by the revisionist (mother 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 natural guardian/mother 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 natural guardian/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 natural guardian/mother 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 :- 25.6.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench