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2025 DAILYLAW 178167 (ALL)

MOHAMMAD AMAN JAVED (MINOR) THRU. HIS FATHER BUNEL JAVED v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. U.P. AND 4 OTHERS

CRLR/1192/2025 · 2025-12-10

Ram Manohar Narayan Mishra

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 1192 of 2025 Court No. - 27 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard Shri Nijam Ahamad, learned counsel for the revisionist and learned A.G.A. appearing for the State. 2. Learned A.G.A. has informed that the notice has been served on first informant on 29.10.2025 through P.S. concerned and a copy of served notice has been placed on record but none appeared on behalf of the opposite party no.2 to pass this criminal revision in which the prayer for bail has been made. 3. The captioned criminal revision has been filed challenging therein, the order dated 15.09.2025 passed by learned Juvenile Justice Board, Ambedkar Nagar in connection to Case Crime No. 353 of 2025, registered under Sections 352, 351(2), 78 and 70(2) of B.N.S., 2023, Sections 13/14 & 5/6 of P.O.C.S.O. Act, 2012 and Section 67-B of the Information Technology Act, 2000 in Police Station - Jalalpur, District - Ambedkar Nagar whereby, the application for bail filed by the revisionist had been rejected. The revisionist through this criminal revision has also challenged the order dated 25.09.2025 passed by the learned Special Judge (P.O.C.S.O. Act), Ambedkar Nagar, whereby criminal appeal filed by the revisionist had been dismissed and the order of the Juvenile Justice Board, Ambedkar Nagar had been affirmed. 4. Learned counsel for the revisionist, at the very outset, has submitted Versus Counsel for Revisionist(s) : Sachindra Dwivedi, Nijam Ahamad Counsel for Opposite Party(s) : G.A. Mohammad Aman Javed (Minor) Thru. His Father Bunel Javed .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. U.P. And 4 Others .....Opposite Party(s) that the co-accused- Mohd. Hassan, who is major and has been assigned similar role to that of the appellant has already been released on bail vide order dated 13.10.2025 passed by a Coordinate Bench in Criminal Miscellaneous Bail Application No. 9643 of 2025 and a juvenile- co- accused has also been granted bail vide order dated 11.11.2025 passed by a Coordinate Bench in present case in Criminal Revision No.1172 of 2025. The case of the revisionist is squarely covered with the case of said juvenile who has been granted bail by this Court. 5. Learned Additional Government Advocate appearing for the State though has opposed this criminal revision but could not deny that the co- accused, having identical role in the crime in question, had already been granted bail by this Court vide order dated 13.10.2025 passed in Criminal Miscellaneous Bail Application No. 9643 of 2025. 6. On perusal of record and social investigation report submitted by District Probation Officer, I find no material as contemplated under Section 12 of Juvenile Justice Act, 2015 that in case of release of juvenile on bail, he may be associated with some known criminal or he will be exposed to physical, moral or psychological danger or ends of justice will be defeated. Thus, the parameters for refusal of bail to a juvenile are not applicable in the present case. 7. This Court finds that the role of the present revisionist is identical to that of the co-accused, Mohd. Hassan, who had already been granted bail by this Court vide order dated 13.10.2025 passed in Criminal Miscellaneous Bail Application No. 9643 of 2025. 8. In view of the aforesaid reasons, this criminal revision is allowed. 9. The order dated 15.09.2025 passed by learned Juvenile Justice Board, Ambedkar Nagar and the order dated 25.09.2025 passed by the learned Special Judge (P.O.C.S.O. Act), Ambedkar Nagar are set aside. 10. I hereby direct the Juvenile Justice Board, Ambedkar Nagar / competent court to enlarge the revisionist on bail in the aforesaid case crime number, on furnishing a personal bond by father and two sureties in the like amount to the satisfaction of the court concerned with the CRLR No. 1192 of 2025 2 following conditions:- (i) The revisionist shall cooperate in the early disposal of the case without seeking unnecessary adjournment. (ii) The revisionist shall not indulge in any criminal activity or commission of any crime after being released on bail. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. December 10, 2025 Mohd. Sharif CRLR No. 1192 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench