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2025 DAILYLAW 148864 (ALL)

REETU THRU. HER MOTHER CHANDANA v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO AND ANOTHER

CRLRD/242/2023 · 2025-08-11

Saurabh Lavania

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46901 Court No. - 11 Case :- CRIMINAL REVISION DEFECTIVE No. - 242 of 2023 Revisionist :- Reetu Thru. Her Mother Chandana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko And Another Counsel for Revisionist :- Ran Vijay Yadav,Alok Srivastava,Lalit Kumari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. C.M.Application No. 01 of 2023 (Application for Condonation of Delay) 1. As per letter of the C.J.M., Unnao dated 22.08.2024, 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 as also the application seeking condonation of delay in filing the revision. 2. Considering the reasons indicated in the affidavit filed in support of application seeking condonation delay in filing the present revision as also that subject matter of the revision relates to enlargement of revisionist on bail, this Court finds that the application is liable to be allowed. It is accordingly allowed. 3. The delay in filing the revision is hereby condoned. Order on Revision 4. Heard learned counsel for the revisionist as well as learned Additional Government Advocate for the State of U.P. and perused the record. 5. Present revision has been filed by the revisionist under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the judgment and order dated 24.03.2023, whereby the appellate court i.e. Juvenile Court/Additional District and Sessions Judge, Court No. 12, Unnao dismissed the Criminal Appeal No. 04 of 2023 (Reetu vs. State of U.P. & Others), arising out of Case Crime No. 183 of 2021 under Sections 302, 34, 120-B IPC. 6. Further submitted that by means of instant revision, the order dated 04.01.2023 passed by the Juvenile Justice Board, Unnao in Application No. 67 of 2022 (State vs. Reetu), arising out of Case Crime No. 183 of 2021 under Sections 302, 34, 120-B IPC, P.S.-Purwa, District-Unnao, has also been impeached by the revisionist. 7. By the order dated 04.01.2023 passed by the Juvenile Justice Board, Unnao, the bail application of the revisionist was rejected and this order was affirmed by the appellate court i.e. Juvenile Court/Additional District and Sessions Judge, Court No. 12, Unnao, by the impugned order dated 24.03.2023. 8. Learned counsel for the revisionist stated that the revisionist is in jail since 16.11.2021 and accordingly, the period of incarceration would be about three years and eight months and as per Section 18(1)(g) of the Act of 2015, maximum punishment could be awarded to a juvenile is three years. 9. Further submission is that taking note of period of incarceration of the revisionist, the revisionist is entitled to be released on bail. 10. Further stated that co-accused Govind Alias Gubbar and Prem Kumar have already been released on bail by this Court vide order(s) dated 09.05.2022 and 08.02.2024 passed in Criminal Misc. Bail Application No. 2176 of 2022 and Criminal Misc. Bail Application No. 5153 of 2022. 11. 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 that co-accused have already been released on bail. 12. 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 keeping in mind that co-accused have already been released on bail by this Court 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. 13. The judgment and order dated 24.03.2023 Juvenile Court/Additional District and Sessions Judge, Court No. 12, Unnao and also the order dated 04.01.2023 passed by the Juvenile Justice Board, Unnao, are hereby set aside. 14. Let Juvenile Reetu Thru. Her Mother Chandana of the 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 her father that he will take due care of the juvenile, will not allow her to indulge in any unlawful or criminal activity or join the company of unlawful elements, will keep her 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. 15. For a period of one year from today, the Juvenile shall appear before the District Probation Officer concerned along with her natural guardian on 10th of every month. Order Date :- 11.8.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench