Neutral Citation No. - 2025:AHC-LKO:47876 Court No. - 11 Case :- CRIMINAL REVISION No. - 852 of 2024 Revisionist :- Juvenile Thru. His Guardian And Mother Opposite Party :- State Of U.P. Thru. Prin. Secy. And Another Counsel for Revisionist :- Arti Shukla,Maheshwar Mishra,Sukh Deo Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Supplementary affidavit is taken on record. Considering the office report dated 31.08.2024, this Court finds that the service of notice upon the respondent no. 2 is sufficient. However, no one appeared on behalf of respondent no.2 to oppose the present revision. In this view of the matter, this Court proceeded to hear the instant revision. Supplementary affidavit is taken on record. 2. 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 02.07.2024 passed by the learned Court of Special Judge, POCSO Act, Room No. 12, Sultanpur, in Criminal Appeal No. 29 of 2024, in Case Crime No. 37 of 2024, under Section 302, 201, 34 I.P.C., Police Station- Gosainganj, District- Sultanpur. 3. 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. 4. It is further stated that the revisionist, a juvenile, is languishing in jail since 10.02.2024 and he is having no criminal history, 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. 5. It is also stated that the revisionist was not named in the FIR. As per the FIR, which was lodged on the basis of presumption, the allegations were levelled only against the co-accused Pooja and Harish. 6. It is further submitted that the name of the applicant surfaced during investigation on the basis of Call Detailed Report. It is also stated that co-accused, Harish caused fatal injuries to the deceased on the head with an iron pipe. In this regard, reference is made to Annexure-9, which is the copy of the statement of Harish recorded by the Investigating Officer. 7. It is further submitted that co-accused Pooja has already been enlarged on bail vide order dated 06.12.2024, passed by the Sessions Court, Sultanpur, in Bail Application No. 3207 of 2024. The copy of bail order is taken on record. 8. It is also submitted that the statement of a co-accused is not admissible in evidence, and reliance placed solely on the Call Detailed Report creates every possibility that the revisionist would not be convicted. 9. Learned AGA for the State, 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 have not disputed the above submissions of learned counsel for the revisionist. 10. Thus having regard to overall facts and circumstances of the case as also the period of incarceration i.e. one year and six months as also co-accused Pooja has already been enlarged on bail, I find force in the revision. Accordingly, the revision is allowed. 11. The impugned judgment and order dated 02.07.2024 passed by the learned Court of Special Judge, POCSO Act, Room No. 12, Sultanpur, in Criminal Appeal No. 29 of 2024, in Case Crime No. 37 of 2024, under Section 302, 201, 34 I.P.C., Police Station- Gosainganj, District- Sultanpur is hereby set aside. 12. Let Juvenile Thru. His Guardian And Mother 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 :- 14.8.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench