JUVENILE X THRU. HIS MOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLR/1483/2024 · 2025-08-27
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 169420 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169420 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 1483 of 2024 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Case called out. The opposite party no.2/complainant chose not to appear before this Court to oppose the instant revision despite service of notice, as appears from Annexure No.CA-1 to the counter affidavit of State. Learned AGA is present in the Court. In these circumstances, this Court proceeded to hear the instant revision, which relates to enlargement of revisionist on bail, 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 13.09.2024, passed by the Special Judge, POCSO Act, Lucknow in Criminal Appeal No.202 of 2024 (X Minor Juvenile Delinquent Vs. Sate of U.P. and others), which was preferred against the order dated 07.08.2024, passed by the Principal Judge, Juvenile Justice Board, Lucknow in Case No.108 of 2024 (State of U.P. Vs. X Minor), arising out of FIR/Case Crime No.23/2024, under Sections 363, 266, 328, 323, 376-D I.P.C. & Section 5/6 of POCSO Act, Police Station- Saadatganj, District- Lucknow. 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. Versus Counsel for Revisionist(s) : Ashid Ali, Manoj Kumar Dixit, Mohammad Kashif, Sunil Kumar Maurya Counsel for Opposite Party(s) : G.A. Juvenile X Thru. His Mother .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
5. It is further submitted that co-accused, who is also juvenile, has already been enlarged on bail by this Court vide order dated 12.08.2025 passed in Criminal Revision No.101 of 2025. In these circumstances, the revisionist is also entitled to be released on bail on the ground of parity and the impugned order is liable to be set aside and the revision is liable to be allowed. 6.
It is further stated that the revisionist, a juvenile, is languishing in jail since 13.03.2024, i.e. about one year and five months, 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 (subject to other provisions of the Act including Section 21 of the Act 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. 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 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. 8. Thus having regard to overall facts and circumstances of the case, including the fact that co-accused has already been enlarged on bail by this Court vide order dated 12.08.2025 passed in Criminal Revision No.101 of 2025 including the period of incarceration, i.e. about one year and five months, I find force in the revision. Accordingly, the revision is allowed. 9. The impugned judgment and order dated 13.09.2024, passed by the Special Judge, POCSO Act, Lucknow in Criminal Appeal No.202 of 2024 (X Minor Juvenile Delinquent Vs. Sate of U.P. and others), which was preferred against the order dated 07.08.2024, passed by the Principal Judge, Juvenile Justice Board, Lucknow in Case No.108 of 2024 (State of U.P. Vs.
X Minor), arising out of FIR/Case Crime No.23/2024, under Sections 363, 266, 328, 323, 376-D I.P.C. & Section 5/6 of POCSO Act, Police Station- Saadatganj, District- Lucknow, 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 CRLR No. 1483 of 2024 2
mother/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 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. August 27, 2025 Anand/- CRLR No. 1483 of 2024 3 (Saurabh Lavania,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench