JUVENILE R THRU. HIS MOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
CRLR/866/2025 · 2025-08-11
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 156677 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156677 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46767 Court No. - 11 Case :- CRIMINAL REVISION No. - 866 of 2025 Revisionist :- Juvenile R Thru. His Mother Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Revisionist :- Anamika Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Shri Iqbal Ahmed Ahmedullah, Advocate has put in appearance on behalf of opposite party nos.2 and 3 by way of filing his Vakalatnama, which is taken on record. 2. Heard Ms. Anamika Singh, learned counsel for the revisionist, Shri Iqbal Ahmed Ahmedullah, learned counsel for opposite party nos.2 and 3, Shri Ajay Kumar Srivastava, learned A.G.A. for the State as well as 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 19.07.2025, passed by the Juvenile Court/Special Judge, (POCSO Act), Pratapgarh in Criminal Appeal No.42 of 2025 (X Minor Juvenile Delinquent Vs. Sate of U.P. and others), which was preferred against the order dated 26.05.2025, passed by the Juvenile Justice Board, Pratapgarh in Bail Application No.25/2025, arising out of FIR No.42 of 2025, under Sections 191(2), 115(2), 352, 351(2), 74, 70(1) B.N.S., P.S.- Hathigawan, 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 13.03.2025 and he is having no criminal history, 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 as such, taking note of the period of incarceration, the juvenile is entitled to be enlarged on bail. 6. It is further stated that co-accused namely Janu Tiwari and Ajmat Khan @ Ajju have already been enlarged on bail by this Court vide orders dated 02.06.2025 and 25.06.2025 passed in Criminal Misc. Bail Application Nos.4666 of 2025 and 4556 of 2025, respectively.
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 counsel for opposite party nos.2 and 3 as well as learned A.G.A., 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 including the fact that co-accused, namely, Janu Tiwari and Ajmat Khan @ Ajju have already been enlarged on bail by this Court vide orders dated 02.06.2025 and 25.06.2025 passed in Criminal Misc. Bail Application Nos.4666 of 2025 and 4556 of 2025, respectively, I find force in the revision. Accordingly, the revision is allowed. 9. The impugned judgment and order dated 19.07.2025, passed by the Juvenile Court/Special Judge, (POCSO Act), Pratapgarh in Criminal Appeal No.42 of 2025 (X Minor Juvenile Delinquent Vs. Sate of U.P. and others), which was preferred against the order dated 26.05.2025, passed by the Juvenile Justice Board, Pratapgarh in Bail Application No.25/2025, arising out of FIR No.42 of 2025, under Sections 191(2), 115(2), 352, 351(2), 74, 70(1) B.N.S., P.S.- Hathigawan, District- Pratapgarh 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 sister/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 she 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. Order Date :- 11.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench