Neutral Citation No. - 2025:AHC-LKO:45934 Court No. - 11 Case :- CRIMINAL REVISION No. - 857 of 2024 Revisionist :- X (Minor) Under The Guardianship Of Father Y Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Revisionist :- Prateek Yadav,Anil Kumar Singh,Girish Kumar Pandey,Sher Bahadur Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. 2. Considering the Office Report dated 10.09.2024 as also Annexure C.A.-1 of counter affidavit filed by the State with a proof of service of notice upon opposite party no.2, 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, Shri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the material available 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 25.06.2024, passed by the Special Judge, POCSO Act, Ambedkar Nagar in Criminal Appeal No.19 of 2024 (Satyam Gaud Vs. State of U.P. Through Collector, Ambedkar Nagar), which was preferred against the order dated 06.06.2024, passed by the Principal Judge, Juvenile Justice Board, Ambedkar Nagar in Case Crime No.57 of 2023, under Sections 302, 336, 452, 147, 148, 149, 323, 504, 506, 427/34 I.P.C. & Section 7 of Criminal Law Amendment Act, Police Station- Katka, District- Ambedkar Nagar. 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 25.03.2023 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. 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 co-accused, namely, Ram Awadh Gaur, Vivek Kumr Gaud & Vrindawati, Shubham @ Mangal Gaud, Subhash Gaud and Amarjeet Gaud, having identical role, have already been released on bail by this Court vide orders dated 09.10.2023, 19.02.204, 21.03.2024, 15.04.2024 and 06.08.2024 passed in Criminal Misc. Bail Application Nos.9332 of 2023, 14298 of 2023, 3322 of 2024, 4116 of 2024 and 7797 of 2024, respectively. 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 could not dispute 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 25.06.2024, passed by the Special Judge, POCSO Act, Ambedkar Nagar in Criminal Appeal No.19 of 2024 (X Minor Juvenile Deliquent Vs. State of U.P. Through Collector, Ambedkar Nagar), which was preferred against the order dated 06.06.2024, passed by the Principal Judge, Juvenile Justice Board, Ambedkar Nagar in Case Crime No.57 of 2023, under Sections 302, 336, 452, 147, 148, 149, 323, 504, 506, 427/34 I.P.C. & Section 7 of Criminal Law Amendment Act, Police Station- Katka, District- Ambedkar Nagar, 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