Neutral Citation No. - 2025:AHC-LKO:25720 Court No. - 12 Case :- CRIMINAL REVISION No. - 855 of 2024 Revisionist :- Juvenile X Thru. His Natural Guardian Mother Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Revisionist :- Surya Prakash,Ashutosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Surya Prakash, learned counsel for the revisionist as well as learned Additional Government Advocate for the State of U.P. 2. The instant revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, has been filed challenging the order dated 29.06.2024, passed by the Special Judge (Child Court), Raebareli, in Criminal Appeal No. 45 of 2024 - Juvenile Accused through his Guardian Mother Vs. State of U.P., arising out of Case Crime No. 404 of 2023, under Section 302 I.P.C., Police Station - Nasirabad, District - Raebareli, as well as order dated 16.05.2024, passed by the Juvenile Justice Care and Protection Board, Raebareli whereby the bail application of the applicant-revisionist has been rejected. Further prayer for releasing the revisionist on bail has been made. 3. Learned counsel for the revisionist submits that the revisionist is an accused in Case Crime No. 404 of 2023, under Section 302 I.P.C. It is submitted that the revisionist is a juvenile and was aged about 16 years and two months on the date of incident. It is next submitted that the allegations levelled against the revisionist are false and misconceived inasmuch as initially report was lodged by the father of the minor deceased sating that dead body of his deceased daugher has been recovered. It is only after post mortem report was received, it was found that cause of death was due to strangulation and it is only thereafter the revisionist was implicated in the said case and belt was recovered from him. 4. It is further submitted by learned counsel for the revisionist that merely on the basis of recovery of belt from the revisionist that he has been implicated in the present case. There is no other material or prosecution witness to link him to the said incident. It is submitted that revisionist is in custody since 29.01.2023, and has spent more then one and half year in custody. He has also drawn attention of this Court towards the report of the District Probation Officer, Raebareli wherein it has been recorded that revisioinist's conduct has been good during his custody and also that the revisionist does not have any criminal history. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "the Act, 2015") provides that bail may be considered to a child. Section 18 of the Act, 2015 provides that the child below the age of 16 years, if has committed a heinous offence, may be kept in custody in a Home for a period of three years. In the present case, the revisionist is in jail for nearly one and half year. 5. Learned Additional Government Advocate has submitted that the Juvenile Justice Board and the Appellate Authority both have not found the case of the present revisionist fit for granting bail. However, so far as the provisions of Section 12 of the Act are concerned and the report of Probationary Officer is concerned, he has nothing to say. 6. Heard learned counsel for the parties and perused the record. 7. Considering the overall facts and circumstances of the case, the material on record and without expressing any opinion on the merits of the case, and also looking into the period of incarceration as well as report of the District Probation Officer, I am of the opinion that revisionist has made out a case for grant of bail. 8. In view of above, the impugned order dated 29.06.2024, passed by the Special Judge (Child Court), Raebareli, in Criminal Appeal No. 45 of 2024, as well as order dated 16.05.2024, passed by the Juvenile Justice Care and Protection Board, Raebareli, are hereby set aside. 9. The revision is allowed. 10. Let the revisionist Juvenile "X" through his natural guardian mother, be released on bail in Case Crime No. 404 of 2023, under Section 302 I.P.C., Police Station - Nasirabad, District - Raebareli, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :- (i) The parents/guardians of the revisionist will furnish an undertaking that upon release on bail, the juvenile will not be permitted to get 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 they will make best efforts for improvement of the juvenile (ii) The revisionist and his parents/guardians shall remain present before the Board/trial Court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial Court may proceed against the juvenile under Section 229-A of the Indian Penal Code. (iii) In case, the revisionist misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the revisionist fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. 11. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the revisionist in accordance with law. 12. The Court below is directed to sent the bail bonds and list of sureties submitted by the revisionist, to this Court for keeping them on record. Order Date :- 2.5.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench