HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 699 of 2025 Court No. - 27 HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Aditya Tiwary, learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State. 2. In spite of service of notice of this criminal revision on Opposite Party No.2, no one is present on his/her behalf. 3. The captioned criminal revision has been filed challenging therein, the order dated 24.12.2024 passed by the Juvenile Justice Board, Pratapgarh in Bail Application No.97 of 2024, arising out of Case Crime No.161 of 2024, registered under Sections 87, 137(2), 64 B.N.S., 2023 and Section 3/4 P.O.C.S.O. Act, Police Station-Delhupur, District-Pratapgarh, whereby the application for bail filed by the revisionist had been rejected. 4. The revisionist through this criminal revision has also challenged the order dated 21.03.2025 passed by the Juvenile Court/Special Judge (P.O.C.S.O. Act), Pratapgarh, whereby the Criminal Appeal No.7 of 2025 had been dismissed and the order passed by the Juvenile Justice Board had been affirmed. 5. It has been contended on behalf of the revisionist that the alleged victim in her statement recorded under Section 183 B.N.S.S., 2023, had categorically stated that she went to meet the revisionist with her free will and revisionist has not committed rape on her; rather physical relationship between the revisionist and the victim was developed with the consent of each other. 6. Learned counsel appearing for the revisionist has argued that it is apparent from the statement of the victim, recorded under Section 183 B.N.S.S., 2023, that the victim on her free will has travelled to the revisionist and she was not subjected to rape by the revisionist. Versus Counsel for Revisionist(s) : Aditya Tiwari Counsel for Opposite Party(s) : G.A. Juvenile A Thru. His Brother .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 7. Learned Additional Government Advocate appearing for the State has opposed this criminal revision. 8. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that the victim, in her statement recorded under Section 183 B.N.S.S., 2023, had categorically stated that she on her free will went to meet the revisionist and she has not been subjected to rape; rather physical relationship between the two was established with their free will. 9. Having considered the overall facts and circumstances of the case, this Court is of the view that this criminal revision needs to be allowed. 10. Accordingly, the criminal revision is allowed. The order dated 24.12.2024 passed by the Juvenile Justice Board, Pratapgarh in Bail Application No.97 of 2024 and the order dated 21.03.2025 passed by the Juvenile Court/Special Judge (P.O.C.S.O. Act), Pratapgarh in Criminal Appeal No.7 of 2025, are hereby set aside. 11. The Juvenile Justice Board, Pratapgarh/competent court is hereby directed to enlarge the revisionist on bail in the aforesaid case crime number, on furnishing two sureties and a personal bond to its satisfaction with the following conditions:- (i.) The revisionist shall cooperate in early disposal of the case without seeking unnecessary adjournments. (ii.) The revisionist shall not indulge in any criminal activity or commission of any crime after being released on bail. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. October 27, 2025 akhilesh/- CRLR No. 699 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench