Neutral Citation No. - 2025:AHC-LKO:2307 Court No. - 16 Case :- CRIMINAL REVISION No. - 1206 of 2024 Revisionist :- X (Juvenile) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Revisionist :- Awadhesh Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present criminal revision has been filed under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 to set aside the impugned appellate order dated 2.9.2024 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Court No.15, Hardoi passed in Criminal Appeal No.35 of 2024 and order dated 8.8.2024 passed by learned Juvenile Justice Board, Hardoi in Bail Application No.63 of 2024 arising out of Case Crime No.226 of 2024 under Section 376(3), 504, 506 IPC, Section 3(2)(5), 3(2)5a, 3(1)da SC/ST Act and 5/6 POCSO Act, 2012 Police Station Madhuauganj, District Hardoi. Heard learned counsel for the revisionist and learned A.G.A. for the respondent State. Learned counsel for the applicant submits that on the date of the offence the age of juvenile revisionist has been determined by the Juvenile Justice Board as 15 years, 5 months and 28 days' old. Learned counsel for the applicant submits that prosecution story is highly improbable. During course of medical examination no corroborative injury has been found in the medico legal examination of the victim even her pregnancy were not found which falsifies her statement under Section 164 Cr.P.C. The applicant has been falsely implicated. The report of the District Probation officer, Hardoi is also in favour of the juvenile/revisionist. He has no criminal history. The physical condition has been found normal. No social or economic adversity has been found and the mental state has been found better than normal. It is not in dispute that the applicant is a juvenile and is entitled to the benefits of the provisions of the Act. Under Section 12 of the Act, the prayer for bail of a juvenile may be rejected 'if there appear reasonable grounds for believing that the release of the juvenile is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice' Thus, Section 12 of the Act lays down only three contingencies in which the bail can be refused to juvenile. These are: (i) If his release is likely to bring him into association with any known criminal, or; (ii)Expose him to moral, physical or psychological danger, or; (iii)That his release would defeat the ends of justice. It is submitted that in the present case, no such contingency as provided in the Section 12 of the Act is present, rather contrary to it, the District Probation Officer has opined that after giving psychological treatment and proper education, the revisionist can be made independent and no adverse material is available against the revisionist. It is next submitted on behalf of the revisionist that bail to a child in reference to Section 12 of the Act in conflict with law is a rule and denial is an exception. In support of his contention, learned counsel has relied on a judgement and order dated 11.1.2021 passed by this court in Criminal Revision No.332 of 2019 Kuldeep Vishwakarma (Minor) through his father Swami Nath vs. State of U.P. and another. On the other hand, learned A.G.A. does not dispute the legal proposition and submits that the court may pass appropriate order in the best interest of the child. There is no material on record to indicate that in case the revisionist is released, it would bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. In view of what has been stated hereinabove, the criminal revision is liable to be and is hereby allowed. The order dated 2.9.2024 (supra) and order dated 8.8.2024 (supra) are set aside. The revisionist is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Hardoi subject to the condition that parent of the revisionist will take care of his education and betterment and will not allow to indulge him in any criminal activity and will keep constant check on his activities, as also in case there is no legal impediment. Both the sureties are directed to be close relatives of the revisionist juvenile. Order Date :- 13.1.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench