2025:UHC:8229 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No.249 of 2025 X son of Y through his natural guardian/father ....Revisionist/Juvenile (In Observation Home) (In Jail) Vs. State of Uttarakhand & Another ...Respondents Presence:Mrs. Pushpa Joshi, learned Senior Counsel assisted by Mr. Rahul Singh Bhandari, learned counsel for the Revisionist. Mr. Bhaskar Chandra Joshi, learned AGA for the State. Mr. Sanjay Kumar, learned counsel for respondent no.2. Hon’ble Ashish Naithani, J. 1. Present criminal revision has been filed by the revisionist/juvenile against the judgment and order dated 01.03.2025 passed by the learned Additional District & Sessions Judge, F.T.C. (POCSO) Haridwar in Criminal Appeal No.23 of 2025, Appellant/Juvenile/Conflict in Law through his natural guardian father vs. State of Uttarakhand as well as impugned order dated 07.02.2025 passed by learned Juvenile Justice Board, Haridwar in Bail Application No.23 of 2025 State vs. X (FIR/Case Crime No.14 of 2025) punishable under Section 351 (2), 65(1), 74, 70(2) B.N.S. & 3A/4(2), 5(g)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station KotwaliManglour, District Haridwar. Further a prayer has been made to release the revisionist on bail in terms of Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 pursuant to the FIR/Case Crime No.14 of 2025 punishable under Section 351 (2), 1 Criminal Revision No.249 of 2025, X son of Y through his natural guardian/father vs. State of Uttarakhand & Another. Ashish Naithani J. 2025:UHC:8229 65(1), 74, 70(2) B.N.S. & under Section 3A/4(2), 5(g)/6 of the Protection of Children from Sexual Offences Act, 2012. 2. Learned Senior Counsel for the Revisionist makes a submission regarding ground of bail that at the outset as per the Juvenile Justice Act while considering the matter of bail it is essential that a report be called from the Social Welfare Officer and that shall be considered. 3. It is submitted that first and prime ground for bail is that the report from the Social Welfare Officer was not considered. Secondly, the learned Senior Counsel makes a submission asserting it to be a ground for grant of bail that in the present matter there are two victims; apart from the present victim, who is reported to be 13 years. 4. As per the story of the State, there are two victims and they have made statement before the medical officer, which is in consistence with the State’s version. 5. The bail application has been opposed by the learned State counsel. He submits that it is a heinous offence. He submits that the incident took place on 05.10.2025 at about 11:00 am (night hours) whereby as per the FIR the Juvenile in conflict with law the present revisionist entered the house of the complainant with his other companion and assaulted her sexually with her 13 years minor girl and it will be a matter of court concerned to the security and personal risk on the being of the minor victim. Hence, it is requested that the bail may not be considered. 2 Criminal Revision No.249 of 2025, X son of Y through his natural guardian/father vs. State of Uttarakhand & Another. Ashish Naithani J. 2025:UHC:8229 6. Having heard learned counsel for the parties and perused the material on record, this Court finds that the report of the Social Welfare Officer, which is on record, does not reflect that the juvenile is likely to come into association with any known criminal or be exposed to moral, physical or psychological danger if released on bail. Rather, it suggests that the family environment is conducive for the child’s rehabilitation and the guardian is ready to undertake responsibility. 7. Section 12 of the Juvenile Justice Act, 2015 mandates that a juvenile shall be released on bail unless there are reasonable grounds to believe that the release will bring the child into association with known criminals or expose him to danger or defeat the ends of justice. In the present case, no such grounds are made out. The gravity of the alleged offence alone cannot be the basis to deny bail to a juvenile. 8. This Court is of the considered view that the objective of the Juvenile Justice Act is reformative and rehabilitative, and the revisionist’s continued detention in the Observation Home may have a detrimental impact upon his overall well-being. Adequate conditions can be imposed to safeguard the interest of justice and the victim. ORDER Accordingly, the revision stands disposed of. The impugned orders dated 01.03.2025 and 07.02.2025 are set aside. The revisionist X son of Y shall be released on bail in Case Crime No.14 of 2025, Police Station Kotwali Manglour, District Haridwar on his natural guardian/father furnishing a personal bond with two sureties to the 3 Criminal Revision No.249 of 2025, X son of Y through his natural guardian/father vs. State of Uttarakhand & Another. Ashish Naithani J. 2025:UHC:8229 satisfaction of the Juvenile Justice Board concerned, and subject to the following conditions: 1. The natural guardian shall ensure that the juvenile does not come into contact with the victim or witnesses. 2. The natural guardian shall ensure that the juvenile attends counselling/rehabilitation programmes as directed by the Probation Officer. 3. The juvenile shall not leave the jurisdiction without permission of the Board and shall not commit any similar offence. 4. The Probation Officer/Social Welfare Officer shall periodically supervise the conduct of the juvenile and submit reports to the Board. On breach of any of the above conditions, it shall be open to the State to move for cancellation of bail. (Ashish Naithani J.) 09.09.2025 Arti 4 Criminal Revision No.249 of 2025, X son of Y through his natural guardian/father vs. State of Uttarakhand & Another. Ashish Naithani J. ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.09.16 17:23:42 +05'30'