HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION DEFECTIVE No. - 440 of 2025 Court No. - 27 HON'BLE MANJIVE SHUKLA, J. 1. Heard Mohd. Salman, learned counsel for the revisionist and learned Additional Government Advocate appearing for the State. 2. In spite of notice of this criminal revision having been served on Opposite Party No. 2, none has put in appearance on her behalf. 3. The captioned criminal revision has been filed challenging therein, the order dated 16.05.2025 passed by the learned Special Judge (P.O.C.S.O. Act)/ Children Court, Pratapgarh in the Bail Application No. 1407 of 2024, arising out of Case Crime No. 167 of 2024 registered under Sections 87 and 64 of Bhartiya Nyaya Sanhita, 2023 in Police Station – Sangipur, District – Pratapgarh whereby, the application for bail filed by the revisionist had been rejected. 4. It has been submitted on behalf of the revisionist that he is a juvenile but since the Juvenile Justice Board had found that the revisionist can understand the gravity and the consequences of the crime in question, he is being tried for the offences in question by the Special Judge (P.O.C.S.O. Act) / Children Court, Pratapgarh. 5. It has been contended on behalf of the revisionist that the victim, while deposing before the trial court, had categorically stated that the revisionist has not committed rape of her. It has further been contended that once the victim herself had deposed before the trial court that no offences punishable Versus Counsel for Revisionist(s) : Mohd. Salman, Ana Fatma Counsel for Opposite Party(s) : G.A. Juvenile Offender S Thru. His Natural Guardian / Father .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) under Sections 87 and 64 of Bhartiya Nyaya Sanhita, 2023 have been committed by the revisionist, he is entitled to be enlarged on bail during pendency of the trial. 6. Learned Additional Government Advocate appearing on behalf of the State has opposed this criminal revision. 7. I have considered the arguments advanced by the learned counsels for the parties and I find that the victim herself, in her testimony recorded before the trial court, had categorically stated that the revisionist has not committed any crime, what to say of the offences punishable under Sections 87 and 64 of Bhartiya Nyaya Sanhita, 2023. Once, the victim herself had stated that the revisionist is not responsible for the offences in question, there is no occasion for the trial court to deny bail to him during pendency of the trial. 8. Having considered the overall facts and circumstances of the case, this Court is of the opinion that the revisionist is entitled to be enlarged on bail during pendency of the criminal trial. 9. Accordingly, this criminal revision is allowed. 10. The order dated 16.05.2025, passed by the learned Special Judge (P.O.C.S.O. Act) / Children Court, Pratapgarh in Bail Application No. 1407 of 2024, is hereby set aside and direction is issued to the trial court / competent court to enlarge the revisionist on bail in the aforesaid case crime number, on furnishing two sureties and a personal bond 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. 11. In case of breach of any of the above conditions, it shall be a ground for CRLRD No. 440 of 2025 2 cancellation of bail. 12. 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 the record. November 3, 2025 Lokesh Kumar CRLRD No. 440 of 2025 3 (Manjive Shukla,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench