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2025 DAILYLAW 198280 (ALL)

JUVENILE X THRU. HIS UNCLE NAMELY PREMANRAYAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLR/1126/2025 · 2025-10-07

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 1126 of 2025 Court No. - 27 HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Rajat Pratap Singh, learned counsel for the revisionist and learned Additional Government Advocate appearing for the State. 2. The instant criminal revision has been filed challenging therein, the order dated 15.07.2025 passed by the Juvenile Justice Board, Balrampur whereby, application filed by the revisionist for grant of bail in Case No.39 of 2025, arising out of Case Crime No.237 of 2024, under Sections 80(2), 85 of BNS of 2023 and 3/4 of Dowry Prohibition Act, Police Station Laliya, District Balrampur, had been rejected. The revisionist through this revision has also challenged the order dated 25.08.2025 passed by the Juvenile Judge/Special Judge POCSO Act, Balrampur, whereby the appeal filed by the revisionist against the order of the Juvenile Justice Board, had been rejected. 3. It has been contended on behalf of the revisionist that he along with his mother and brother (husband of the victim) had been assigned only general role in the crime in question. It has further been contended that the revisionist is younger brother of the husband of the victim and admittedly, on the date of incident he was juvenile, therefore, it is absolutely incorrect to say that he was having main role in the crime in question. 4. Learned counsel for the revisionist has also invited attention of this Court towards the order dated 28.07.2025 passed by this Court in Criminal Misc. Bail Application No.2089 of 2025 whereby the mother-in-law of the victim, Lakshmi had been granted bail on the ground that there is no specific role assigned to her. He has, thus, argued that the revisionist is also entitled for bail during pendency of the trial. 5. Learned A.G.A has opposed the prayer for grant of bail. 6. I have considered the arguments advanced by the learned counsel for the revisionist and learned A.G.A. appearing for the State and I find that in the entire prosecution story, no specific role has been assigned to the revisionist in respect of the crime in Versus Counsel for Revisionist(s) : Rajat Pratap Singh, Abhishek Dwivedi Counsel for Opposite Party(s) : G.A. Juvenile X Thru. His Uncle Namely Premanrayan .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) question and general role had been assigned to all the accused i.e the revisionist, brother of the revisionist i.e. husband of the victim and the mother of the revisionist. On the basis of general role assigned to the mother-in-law of the victim, she had been granted bail by this Court vide order dated order dated 28.07.2025 passed by this Court in Criminal Misc. Bail Application No.2089 of 2025. 7. I further find that husband of the victim is in judicial custody. 8. Keeping in view the overall facts and circumstances of the case, particularly that no specific role has been assigned to the revisionist in the crime in question, this Court is of the view that the revisionist is entitled for being enlarged on bail. 9. Accordingly, this criminal revision is allowed. The order dated 15.07.2025 passed by the Juvenile Justice Board, Balrampur and the order dated 25.08.2025 passed by the Juvenile Judge/Special Judge POCSO Act, Balrampur, are hereby set-aside. 10. The competent court/Juvenile Board, Balrampur is hereby directed to enlarge the revisionist on bail in 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 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. October 7, 2025 Renu/- CRLR No. 1126 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench