Neutral Citation No. - 2025:AHC-LKO:49203 Court No. - 11 Case :- CRIMINAL REVISION No. - 1047 of 2022 Revisionist :- Xxx Minor Boy Child Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Revisionist :- Ashish Kumar Rastogi,Girijesh Kumar Chauhan,Narendra Chauhan,Pankaj Kumar Verma,Rakesh Devi Prasad Kumar,Sharvan Kumar Pandey,Shashi Kant Tripathi,Vinay Kumar Counsel for Opposite Party :- G.A.,Pawan Kumar Singh Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the revisionist, Shri Ajay Kumar Srivastava, learned A.G.A. for the State and Shri Pawan Kumar Singh, learned counsel for respondent No.2 as well as perused the material placed 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 20.07.2022, passed by the Juvenile Court/Special Court (POCSO Act, Barabanki in Criminal Appeal No.35 of 2022 (X Minor Juvenile Delinquent Vs. Sate of U.P. and others), which was preferred against the order dated 04.07.2022, passed by the Juvenile Justice Board, Barabanki (State of U.P. Vs. X Minor) arising out of Crime No.164/2022, under Sections 376, 506 I.P.C. & Section 3/4 of POCSO Act, Police Station- Kursi, District- Barabanki. 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 victim and another, who is said to be witness of fact, have already been examined before the trial court and in this view of the matter there is no possibility of influencing the main fact witness of the case. 5. It is further submitted that on earlier occasion the bail was opposed on the ground of D.N.A. report, however, till date the same is not available with the prosecution. 6. It is further submitted that the revisionist, a juvenile, having no criminal history, is languishing in jail since 07.06.2022 and accordingly the period of incarceration would come to about three years two months, 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 this sentence is subject to various provisions of the Act of 2015 including Section 21 and as such, taking note of the period of incarceration, the juvenile is entitled to be enlarged on bail. 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. 7. Learned AGA as well as learned counsel for the opposite party no.2, 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 they have not disputed the above submissions of learned counsel for the revisionist. 8. Thus having regard to overall facts and circumstances of the case particularly the period of incarceration, i.e. about 3 years and 2 months as also the main fact as also that the D.N.A. report is still not available with the prosecution, I find force in the revision. Accordingly, the revision is allowed. 9. The impugned judgment and order dated 20.07.2022, passed by the Juvenile Court/Special Court (POCSO Act, Barabanki in Criminal Appeal No.35 of 2022 (X Minor Juvenile Delinquent Vs. Sate of U.P. and others), which was preferred against the order dated 04.07.2022, passed by the Juvenile Justice Board, Barabanki (State of U.P. Vs. X Minor) arising out of Crime No.164/2022, under Sections 376, 506 I.P.C. & Section 3/4 of POCSO Act, Police Station- Kursi, District- Barabanki are set aside. 10. 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 sister 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. 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. Order Date :- 21.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench