Neutral Citation No. - 2025:AHC-LKO:14139 Court No. - 16 Case :- CRIMINAL REVISION No. - 1319 of 2024 Revisionist :- Juvenile X, Thru. His Uncle Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Revisionist :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The revision petition has been filed under Section 102 of Juvenile Justice(Care and Protection of Children) Act, 2015 to set aside order dated 20.9.2024, passed by Special Judge, POCSO Act/Addl. Sessions Judge, Court No.15, Hardoi in Criminal Appeal No. 43 of 2024 and order dated 13.9.2024, passed by Juvenile Justice Board, Hardoi in bail application No. 53/2024 arising out of case crime No.238 of 2024 under sections 302, 323, 504, 506, 109, 120-B, 34 I.P.C., P.S. Pali, district Hardoi, with a further prayer to release the revisionist on bail. 2. Heard learned counsel for the revisionist and learned A.G.A. for the State. None appears for respondent No.2 although notice has been served. 3. In the prosecution case, it is alleged that that on 4-5 days ago, the nephew of the informant had a altercation with the accused, who are named in the FIR and on account of the said altercation, on 30.05.2024 at about 6:00 PM, the nephew of the informant going along with his friends Omveer Singh and Pranjale Dixit, the accused named in the FIR abused them and one of the co-accused Jubair filed with a country made weapon, as a result whereof, the nephew of the informant suffered severe injuries and thereafter died. 4.Learned counsel for the revisionist submits that the revisionist is not named in the first information report. In the first information report, Adnan son of Ikram was named. The revisionist is Adnan son of Sabban Fauji. The complainant while giving statement has taken the name of the revisionist also by levelling general allegation. The eye-witness Omveer Singh has assigned general role of exhortion to the revisionist and the other co-accused persons. Role of firing according to the statement of eye-witness is on Zuber. The revisionist was 16 years 10 months and 10 days old on the date of occurrence. The D.P.R.O. has given no adverse report against the revisionist. The co-accused persons Kamran, Ikram Khan and Faiz Khan who were also assigned general role have been granted bail by coordinate Bench of this Court vide orders placed on record (page 93 to 95 of paper book). It is further submitted that the Juvenile Justice Board and also the appellate court while rejecting the bail application(s) overlooked the opinion of the district Probation Officer as also the true spirit and intent of the Legislature as provided under Section 12 of the Act. It is submitted that in the present case, no such contingency as provided in Section 12 of the Act is present and the release of the juvenile may not attract parameters as provided under the proviso to section 12(1) of Juvenile Justice Act. 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 judgment 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 versus State of U.P. and another. 4. On the other hand, learned Additional Government Advocate does not dispute the legal proposition and submits that the court may pass appropriate order in the best interest of the child. 5. 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. 6. In view of what has been stated hereinabove as also the fact that the co-accused persons named above have been released on bail, the criminal revision is liable to be and is hereby allowed. The order dated 20.9.2024 (supra) and order dated 13.9.2024 (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 concerned Juvenile Justice Board subject to the condition that parent/guardian 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. Both the sureties are directed to be close relatives of the revisionist juvenile. Order Date :- 7.3.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench