DELINQUENT JUVENILE X , THRU. HIS NATURAL GUARDIAN / FATHER Y v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/673/2025 · 2025-08-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146268 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146268 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45985 Court No. - 11 Case :- CRIMINAL REVISION No. - 673 of 2025 Revisionist :- Delinquent Juvenile X , Thru. His Natural Guardian / Father Y Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Revisionist :- Vinod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Case called out. 2. Considering the Office Report dated 05.08.2025, this Court finds that service of notice upon the opposite party no.2 is sufficient. However, no one appeared on behalf of opposite party no.2 to oppose the present revision. In that view of the matter, this Court proceeds to hear the instant appeal. 3. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material placed on record. 4. 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 08.05.2025, passed by the Special Judge, POCSO Act/Additional Sessions Judge, Court No.12, Sultanpur in Criminal Appeal No.29 of 2024 (X Minor Juvenile Delinquent Vs. State of U.P. & another), which was preferred against the order dated 29.03.2025, passed by the Juvenile Justice Board, Raebareli in Criminal Case No.01 of 2025 (State Vs. X Minor), arising out of FIR/Case Crime No.227 of 2024, under Sections 363, 302, 201 I.P.C. & Section 3(2)(V) of SC/ST Act, Police Station- Kadipur, District- Sultanpur. 5. 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. 6. It is further stated that the revisionist, a juvenile, is languishing in jail since 01.10.2024, 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. 7. It is further stated that if the case of prosecution, as alleged in the FIR, is taken on its face value, even then the same would fall under Section 304 Part II IPC and not under Section 304 IPC. 8.
It is further stated that one of the co-accused namely Sarvar @ Atif has already been enlarged on bail by this Court vide order dated 24.07.2025 passed
in Criminal Appeal No.637 of 2025. 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. 9. 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. 10. Thus having regard to overall facts and circumstances of the case, I find force in the revision. Accordingly, the revision is allowed. 11. The impugned judgment and order dated 08.05.2025, passed by the Special Judge, POCSO Act/Additional Sessions Judge, Court No.12, Sultanpur in Criminal Appeal No.29 of 2024 (X Minor Juvenile Delinquent Vs. State of U.P. & another), which was preferred against the order dated 29.03.2025, passed by the Juvenile Justice Board, Raebareli in Criminal Case No.01 of 2025 (State Vs. X Minor), arising out of FIR/Case Crime No.227 of 2024, under Sections 363, 302, 201 I.P.C. & Section 3(2)(V) of SC/ST Act, Police Station- Kadipur, District- Sultanpur are set aside. 12.
Let Juvenile 'X', of aforesaid Case Crime Number 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 his counsel, failing which, the order of bail granted to Juvenile may be cancelled. 13. 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 :- 6.8.2025 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