Neutral Citation No. - 2025:AHC-LKO:4209 Court No. - 16 Case :- CRIMINAL REVISION No. - 1376 of 2024 Revisionist :- Juvenile X Thru. His Natural Guardin Father Case Crime No. 296/2024 Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Revisionist :- Anand Kumar Tripathi,Praveen Kumar Tripathi Counsel for Opposite Party :- G.A.,Awadhesh Kumar Tiwari,B/A1600 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 17.10.2023 passed by Addl. Sessions Judge/Special Judge, POCSO Act with a further prayer to release the revisionist on bail. 2. Heard learned counsel for the revisionist, learned counsel for the complainant and learned A.G.A. for the State. 3. Learned counsel for the revisionist submits that the age of the juvenile has been assessed to be 16 years 6 month and 12 days on the date of occurrence. Statement of the victim under sections 161 and 164 CrPC suffers from improvement. There is lack of corroborative material in the prosecution case. The revisionist has been falsely implicated due to enmity, by the complainant who is no other than his neighbour. He is in jail since 15.7.2024 and in observation home since 23.8.2024. It is further submitted that 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 and complainant's counsel do 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, the criminal revision is liable to be and is hereby allowed. The order dated 17.10.2023(supra) is 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 :- 22.1.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench