Neutral Citation No. - 2025:AHC-LKO:7080 Court No. - 16 Case :- CRIMINAL REVISION No. - 1546 of 2024 Revisionist :- Juvenile X Thru. His Mother Z Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Revisionist :- Rajesh Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Mohd. Zafar Khan, Advocate on behalf of respondent no.2 is taken on record. Rejoinder Affidavit filed by learned counsel for the revisionist is taken on record. The present criminal revision has been filed under Section 102 of Juvenile Justice(Care and Protection of Children) Act, 2015 to set aside order dated 9.12.2024 passed by Special Judge of Children Court, District Lakhimpur Kheri in Criminal Appeal No.88 of 2024 and order dated 30.10.2024 passed by Juvenile Justice Board, Lakhimpur Kheri in bail application No.99 of 2024. Heard learned counsel for the revisionist, learned A.G.A. for the State and learned counsel for the complainant. Learned counsel for the revisionist submits that in the statement under Section 161 Cr.P.C. the victim has not leveled any allegation of rape while during statement under Section 164 Cr.P.C. improvement has been made by the victim. The statement under Section 164 Cr.P.C. has been recorded after two months of the incident. Occurrence is of 9.4.2024 whereas statement has been recorded on 7.6.2024. The FIR itself has been lodged after several days i.e. 24.4.2024. Perused the record so also the DPRO report. The report of the District Probation officer, Lakhimpur Kheri 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 Juvenile Justice (Care and Protection of Children) Act, 2015, 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 Juvenile Justice (Care and Protection of Children) Act, 2015 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 Juvenile Justice (Care and Protection of Children) Act, 2015 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. On due consideration to the statement of the victim under Section 161 Cr.P.C. and Section 164 Cr.P.C., the delay in recording the statement under Section 164 Cr.P.C., medical report of the victim, age of the revisionist as well as the victim, so also 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, I am of the opinion that release of the juvenile may not attract the factors mentioned in the provisions of sub-section 1 of section 12. In view of what has been stated hereinabove, the criminal revision is liable to be and is hereby allowed. The order dated 9.12.2024 (supra) and order dated 30.10.2024 (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, Gonda 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 :- 4.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench