REVISIONIST IS MINOR 'A' THRU. HIS NATURAL GUARDIAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLR/1361/2023 · 2025-02-14
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169582 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169582 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9792
Court No. - 16 Case :- CRIMINAL REVISION No. - 1361 of 2023 Revisionist :- Revisionist Is Minor 'A' Thru. His Natural Guardian Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Rajnish Ojha,Anamika Singh,Mohammad Haseeb Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
1. Heard counsel for the revisionist as well as learned A.G.A. and perused the record.
2. The present revision has been filed challenging the order dated 9.11.2023 passed by Addl. Sessions Judge/Juvenile Court, Pratapgarh in Crl. Appeal No.78 of 2023 and order dated 18.8.2023 passed by Juvenile Justice Board, Pratapgarh in bail application moved in crime No.0084 of 2023 under sections 376(DA), 354(ka), 506 I.P.C., 5g/6 POCSO Act, 2012, P.S. Jethwara, district Pratapgarh.
3. Submission of the learned counsel for the revisionist is that the first information report has been lodged after delay of two years. The appellant juvenile was 14 years old at the time of incident. The revisionist is in jail since 12.5.2023. It is submitted that although there is allegation of committing rape and taking video of the said incident, however, no video has been recovered nor there is anything to show that it was made viral. The co-accused in case crime No.84 of 2023 has been enlarged on bail by a coordinate Bench of this court vide order dated 21.6.2024 passed in Crl. Revision No.686 of 2024. Parity has been claimed by revisionist's counsel. 4.Learned A.G.A. while opposing the bail plea does not dispute the fact that it is a case of parity.
5. Considering the material available on record; the mandate of section 12(1) Cr.P.C. and finding that the material as prescribed in terms of section 12(1) is not present in present case as also the fact that the co-accused juvenile has been released on bail, the revisionist, who is juvenile, deserves to be enlarged on bail.
6. Accordingly, impugned orders dated 9.11.2023 (supra) and
18.8.2023 (supra) are hereby set aside.
7. The revisionist is enlarged on bail in FIR No.84 of 2023 as mentioned in para 2 above, subject to furnishing bail bonds before the Juvenile Justice Board. Order Date :- 14.2.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench