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2025 DAILYLAW 152272 (ALL)

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

CRLR/912/2024 · 2025-08-11

Saurabh Lavania

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46923 Court No. - 11 Case :- CRIMINAL REVISION No. - 912 of 2024 Revisionist :- Juvenile X, Thru. His Father Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Revisionist :- Pradeep Kumar Shukla,Devendra Kumar Singh,Girdhari Lal Shukla,Madhulika Yadav,Ripu Daman Shahi,Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. As per Office report dated 07.09.2024, 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. 2. Heard learned counsel for the revisionist as well as learned Additional Government Advocate for the State of U.P. and perused the record. 3. Present revision has been filed by the revisionist under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act of 2015") against the judgment and order dated 06.05.2024, whereby the appellate court i.e. Learned Additional District and Sessions Judge/Special Judge, POCSO Act, Gonda, dismissed the Criminal Appeal No. 11 of 2024. 4. Further submitted that by means of instant revision, the order dated 14.03.2024 passed by the Juvenile Justice Board, Gonda in Crl. Misc. Case No. 19 of 2024 (State vs. Rakesh Gupta), arising out of Case Crime No. 436 of 2023 under Sections 323, 324, 302 IPC, P.S.-Tarabganj, District-Gonda has also been impeached by the revisionist. 5. By the order dated 14.03.2024 passed by the Juvenile Justice Board, Gonda, the bail application of the revisionist was rejected and this order was affirmed by the appellate court i.e. Learned Additional District and Sessions Judge/Special Judge, POCSO Act, Gonda, by the impugned order dated 06.05.2024. 6. Learned counsel for the revisionist stated that the revisionist is in jail since 27.11.2023 and accordingly, the period of incarceration would be about one year and eleven months and as per Section 18(1)(g) of the Act of 2015, maximum punishment could be awarded to a juvenile is three years. 7. Further submission is that taking note of period of incarceration of the revisionist, the revisionist is entitled to be released on bail. 8. Further stated that co-accused Raju Gupta has already been released on bail by this Court vide order dated 16.07.2025 passed in Criminal Misc. Bail Application No. 3669 of 2024. 9. 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 has already been released on bail. 10. 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 has 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. 11. The judgment and order dated 06.05.2024 passed by the learned Additional District and Sessions Judge/Special Judge, POCSO Act, Gonda as also the order dated 14.03.2024 passed by the Juvenile Justice Board, Gonda, are hereby set aside. 12. Let Juvenile X, Thru. His Father 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 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 her 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 :- 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