HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 983 of 2024 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Case called out. No one appeared on behalf of the private opposite party Nos. 2 and 5 despite service of notice, as appears from Annexures to the counter affidavits of State. Learned AGA is present in the Court. In these circumstances and also taking note of the order of this Court dated 10.09.2025, which says "It is made clear that on the next date, the case shall not be adjourned in the absence of respondent nos. 2 and 5 who are the contesting opposite parties", the Court proceeded to hear the instant bail appeal on merits. 2. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material placed on record. 3. 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 07.08.2024, passed by the Appellate Court, Lakhimpur Kheri, in Criminal Appeal No. 47 of 2024, which was preferred against the order dated 10.07.2024 passed by the Juvenile Justice Board, Lakhimpur Kheri, in Bail Application No. 58/2024, arising out of Case Crime No. 371/2024, under Sections 363, 366, 376 IPC and Sections 3/4 POCSO Act, Police Station- Kotwali Sadar, District-Lakhimpur Kheri. 4. It is stated that at the time of lodging of FIR that is on 05.05.2024, registered as Case Crime No. 0371/2024 at Police Station- Kotwali Sadar, District-Lakhimpur Kheri, the revisionist was aged about 16 years, 10 months, and 3 days, and the victim was aged about 17 years, and according to the FIR, the revisionist, along with two others, enticed away the victim/daughter of the informant. However, this story was not found to be correct and therefore, the charge sheet was filed against the revisionist by the Investigation Officer based upon the statements recorded during investigation, including the statements of the victim recorded in terms of Sections 161 and 164 Cr.P.C. against the present revisionist. 5. It is further stated that a bare perusal of the statements of the victim Versus Counsel for Revisionist(s) : Zubair Hasan, Anil Kumar Mishra, Prabhat Kumar, Vivek Kumar Singh Counsel for Opposite Party(s) : G.A., Adarsh Shukla X Juvenile Thru. Y, His Brother .....Revisionist(s) State Of U.P Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) recorded in terms of Sections 161 and 164 Cr.P.C. would indicate that the victim and the revisionist were known to each other, and this period was of four years, and the same further indicates that the victim and the revisionist solemnized marriage on 05.05.2024 at Delhi, and in this view of the matter, it is the victim who should also be prosecuted. 6. It is further stated that the revisionist was apprehended and sent to jail on 15.05.2024 and taking note of the period of incarceration i.e. about 16 month as also various provisions of Act of 2015, including Sections 12, 18(1)(g) and 21 of the Act of 2015, and the fact that the revisionist, having no criminal history and which fact has not been disputed, is entitled to be released on bail. 7. Learned AGA, 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 has not disputed the above submissions of learned counsel for the revisionist. 8. Thus having regard to overall facts and circumstances of the case, including the statements of the victim recorded in terms of Sections 161 and 164 Cr.P.C. as also the period of incarceration i.e. about 16 months, I find force in the revision. Accordingly, the revision is allowed. 9. The judgment and order dated 07.08.2024, passed by the Appellate Court, Lakhimpur Kheri, in Criminal Appeal No. 47 of 2024, which was preferred against the order dated 10.07.2024 passed by the Juvenile Justice Board, Lakhimpur Kheri, in Bail Application No. 58/2024, arising out of Case Crime No. 371/2024, under Sections 363, 366, 376 IPC and Sections 3/4 POCSO Act, Police Station- Kotwali Sadar, District-Lakhimpur Kheri, are hereby set aside. 10. Let X Juvenile Thru. Y, His Brother of aforesaid Case Crime Number be enlarged on bail, in the above mentioned case on executing a personal bond by his 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 natural guardian 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. 11. 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. September 17, 2025 Mohit Singh/- CRLR No. 983 of 2024 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench