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2025 DAILYLAW 148219 (ALL)

JUVENILE X (MINOR) THRU. HIS FATHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLR/818/2024 · 2025-01-15

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2415 Court No. - 16 Case :- CRIMINAL REVISION No. - 818 of 2024 Revisionist :- Juvenile X (Minor) Thru. His Father Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Pramod Kumar Counsel for Opposite Party :- G.A.,Sushant Singh Hon'ble Karunesh Singh Pawar,J. 1. This revision has been preferred by the revisionist-Juvenile X (Minor) in case crime no.483 of 2023 under Sections 363, 302, 201 I.P.C. Police Station- Gusaiganj, District- Sultanpur through his father against the judgment and order dated 22.05.2024 by which the bail application of the revisionist was dismissed by the Juvenile Justice Board, Sultanpur as well as order dated 09.07.2024 whereby the criminal appeal was dismissed. 2. Heard learned counsel for the revisionist and learned A.G.A for State of U.P. as well as Sri Amit Kumar Singh appearing on behalf of Shri Sushant Singh, learned counsel for the opposite party no. 2. 3. The submission of the learned counsel for the revisionist is that the revisionist was not named in the F.I.R. Subsequently, he was linked with the present offence solely based upon the statement of the co-accused without there being any corroborative material. He fuhrer draws my attention to the writ petition filed by the opposite party no. 2 before this Court being writ petition no. 146 of 2024 wherein the petitioner and the opposite party no.2 had expressed his satisfaction in the matter in which the investigation is being carried out. 4. He further submits that co-accused Juvenile X (minor) has been granted bail by Co-ordinate Bench of this Court vide order dated 21.06.2024 passed in Criminal Revision No.594 of 2024. He seeks parity with the bail order of aforesaid co-accused. 5. Learned A.G.A has vehemently opposed the prayer made by the learned counsel for the revisionist and submitted that if the revisionist is released on bail, he will join in the company of habitual criminal, hence he is not entitled for bail. 6. Without entering into the merits of the case and considering the fact that against the revisionist the sole evidence is statement of the co-accused without there being any sufficient evidence corroborating and there is no material on record as prescribed in the proviso to Section 12 (1) to form a view that the revisionist is not entitled to be enlarged on bail. Consequently, the revision succeeds and is allowed. Both the impugned orders are hereby set aside. 7. Let the revisionist Juvenile X (Minor) through his father be released on bail in the aforesaid criminal case and be given into custody of aforesaid natural guardian on furnishing a personal bond with two solvent sureties of relatives of the aforesaid natural guardian each in like amount to the satisfaction of Juvenile Justice Board concerned with the following condition that (i)That, father of the revisionist will furnish an undertaking that upon release on bail, the juvenile will not be permitted to go into contact or association with any known or unknown criminal or exposed to any moral or physical danger and will not indulge in any criminal activity and aforesaid natural guardian will make best effort for improvement of juvenile's carrier. (ii)That the revisionist and his aforesaid natural guardian shall remain present before the trial court on each date fixed, either personally or through counsel. Order Date :- 15.1.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench