Neutral Citation No. - 2025:AHC-LKO:48562 Court No. - 11 Case :- CRIMINAL REVISION No. - 1031 of 2024 Revisionist :- D (Juvenile) Thru. Father Of Juvenile Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Revisionist :- Ranjeet Pratap Singh,Gyan Singh,Priyam Mishra,Supriya Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. No one appeared on behalf of the opposite party No. 2/complainant despite service of notice, as appears from Annexure No. CA-15 of the counter affidavit of State. Learned AGA is present in the Court. In these circumstances, the Court proceeded to hear the instant bail revision 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 13.08.2024, passed by the Child Court/Special Judge, POCSO Act, Pratapgarh in Criminal Appeal No.63 of 2024 and the order dated 03.07.2024, passed by the Juvenile Justice Board, Pratapgarh in Case Crime No.40/2024, under Sections 302 IPC, Police Station- Baghrai, District- Pratapgarh. 4. 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. 5. It is further stated that the revisionist, a juvenile, is languishing in jail since 13.02.2024 and he is having no criminal history, which has not been opposed by the learned AGA, 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. 6. It is further stated that as per the case setup in the FIR in issue i.e. FIR No. 0040 of 2024, basis of pending criminal proceedings, lodged by the opposite party No. 2, accused named therein including the revisionist murdered the deceased, however, it is a case of drowning, which could be inferred from the post mortem report of the deceased annexed as Annexure No. 4 to the instant revision, wherein, antemortem injury have been indicated as 1. both ear pinna lower part bitten by acqatic animal like fist etc. and 2. upper eye lid both side bitten by acqatic animal like fist etc. and as per this post mortem report, cause of death is asphyxia due to antemortem drowning. 7. It is further stated that in these circumstances, the revisionist is entitled to be enlarged on bail and in case he is enlarged on bail, 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. 8. 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. 9. Thus having regard to overall facts and circumstances of the case, I find force in the revision. Accordingly, the revision is allowed. 10. The impugned judgment and order dated 13.08.2024, passed by the Child Court/Special Judge, POCSO Act, Pratapgarh in Criminal Appeal No.63 of 2024 and the order dated 03.07.2024, passed by the Juvenile Justice Board, Pratapgarh in Case Crime No.40/2024, under Sections 302 IPC, Police Station- Baghrai, District- Pratapgarh, are hereby set aside. 11. Let Juvenile 'D', 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 mother 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. 12. 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 :- 19.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench