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2025 DAILYLAW 175829 (ALL)

JUVENILE X THRU. HIS AUNT AND NATURAL GUARDIAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLRD/555/2025 · 2025-10-30

Manjive Shukla

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION DEFECTIVE No. - 555 of 2025 Court No. - 27 HON'BLE MANJIVE SHUKLA, J. C.M. Application No. 02 of 2025 1. This is an application for condonation of delay in filing the criminal revision accompanied with an affidavit. 2. The criminal revision is reported to be beyond time by 11 days. 3. Learned Additional Government Advocate appearing for the State does not have any objection in condonation of delay in filing the criminal revision. 4. I have perused the averments made in the affidavit filed in support of the application for condonation of delay and I find that the delay has been sufficiently explained. 5. Accordingly, the application for condonation of delay is allowed and the delay in filing the criminal revision is condoned. Memo of Revision 1. Heard learned counsel for the revisionist and learned Additional Government Advocate appearing for the State. 2. The captioned criminal revision has been filed challenging therein, the order dated 22.05.2025 passed by the learned Juvenile Justice Board, Versus Counsel for Revisionist(s) : Brijesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Juvenile X Thru. His Aunt And Natural Guardian .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Sultanpur in the case of State of U.P. Vs. Tannu Ram, arising out of Case Crime No. 253 of 2024 under Sections 190, 191(2), 191(3), 115(2), 117(2), 352, 351(2), 103(1) of Bharatiya Nyaya Sanhita, 2023 registered at Police Station - Jamo, District - Amethi whereby, the application for bail filed by the revisionist had been rejected. The revisionist through this criminal revision has also challenged the order dated 05.07.2025 passed by the learned Additional Sessions Judge / Special Judge (P.O.C.S.O. Act) Court No. 12, Sultanpur, whereby Criminal Appeal No. 45 of 2025 had been dismissed and the order passed by the learned Juvenile Justice Board, Sultanpur had been affirmed. 3. Learned counsel appearing for the revisionist has submitted that there are six accused in the crime in question out of which five accused having identical role in the crime had already been granted bail by this Court vide orders dated 11.09.2025, 19.09.2025, 01.09.2025 and 13.10.2025 passed in Criminal Miscellaneous Bail Applications No. 640 of 2025, 700 of 2025, 4923 of 2025, 8202 of 2025 and 9798 of 2025 respectively. 4. Learned Additional Government Advocate appearing for the State though has opposed this criminal revision but could not deny the fact that the co-accused, having identical role in the crime in question, had already been granted bail by this Court. 5. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that the co-accused having identical role in the crime in question had already been granted bail by this Court vide orders dated 11.09.2025, 19.09.2025, 01.09.2025 and 13.10.2025 passed in Criminal Miscellaneous Bail Applications No. 640 of 2025, 700 of 2025, 4923 of 2025, 8202 of 2025 and 9798 of 2025 respectively. Once the co-accused having identical role had been granted bail by this Court, there is no occasion for this Court to deny bail to the present revisionist. 6. In view of the aforesaid, the criminal revision stands allowed. 7. The order dated 22.05.2025 passed by the learned Juvenile Justice Board, Sultanpur and order dated 05.07.2025 passed by the learned Additional Sessions Judge / Special Judge (P.O.C.S.O. Act) Court No. 12, Sultanpur, are hereby set aside. CRLRD No. 555 of 2025 2 8. A direction is issued to the Trial Court / Juvenile Justice Board / competent court to enlarge the revisionist on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:- (i) The fine imposed by the Trial Court, shall be deposited by the revisionist within a period of one month from his actual release from prison, if the same is not earlier deposited. (ii) The revisionist shall cooperate in the early disposal of the case without seeking unnecessary adjournment. (iii) The revisionist shall not indulge in any criminal activity or commission of any crime after being released on bail. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. On acceptance of the bail bonds and the personal bond, the court concerned shall transmit the photostat copies thereof to this Court for being kept on record. October 30, 2025 Lokesh Kumar CRLRD No. 555 of 2025 3 (Manjive Shukla,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench