Neutral Citation No. - 2025:AHC:90851 Court No. - 78 Case :- CRIMINAL REVISION No. - 2902 of 2024 Revisionist :- Ram Babu Vishwakarma Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Dinesh Kumar Tripathi,Prashant Mishra Counsel for Opposite Party :- G.A.,Ram Awtar Hon'ble Sanjay Kumar Singh,J. 1-The present criminal revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been preferred against the judgment and order dated 08.04.2024 passed by learned Additional Sessions Judge / Special Judge (POCSO Act) First, District Prayagraj in S.T. No. 26 of 2020 arising out of Case Crime No. 228 of 2019, under Sections 376, 504 and 506 I.P.C., Section 5/6 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station Utraon, District Prayagraj whereby the learned Judged refused the prayer for bail of accused-revisionist. 2-Heard learned counsel for the revisionist, learned Additional Government Advocate representing the State of U.P., learned counsel for the complainant / informant and perused the record. 3-Learned counsel for the revisionist, assailing the impugned orders, submits that :- (i) The revisionist has been declared juvenile vide order dated 13.12.2019 of Juvenile Justice Board treating his age as 16 years 03 months and 28 days on the date of alleged incident. (ii) As to the offence alleged, it is submitted that the revisionist has been falsely implicated in this case with an ulterior motive. (iii) The evidence of the complainant, victim and her mother has been recorded before the trial court as PW-1, PW-2 and PW-3, therefore, there is no possibility of tampering with the prosecution witnesses and evidence. (iv) In view of sub-Section 2 of Section 35 of POCSO Act, 2012 as well as guide lines laid down by the Hon'ble the Apex Court in the case of Alakh Alok Srivastava vs. Union of India and Others, (2018) 17 SCC 291, the trial of the revisionist should have been completed within a period of one year from the date of taking cognizance of the offence but the same has not been completed yet. 4-In view of the judgement of the Hon'ble Apex Court in the case of Union of India vs. K.A. Najeeb, (2021) 3 SCC 713, speedy trial is a legal right of the accused. 5-Lastly it is submitted that the revisionist who does not have any criminal history to his credit has been languishing in jail since 16.08.2019. 6-Learned Additional Government Advocate as well as learned counsel for the complainant vehemently opposed the present revision by contending that the revisionist has been facing trial under Sections 376, 504, 506 IPC, Sections 5/6 of POCSO Act and Section 3(2) of SC/ST Act, therefore, prayer for bail is liable to be rejected. 7-Having heard the submissions of learned counsel for the parties, I find that the trial of the accused is proceeding at snail's pace speed, hence, in the light of dictum of Hon'ble Supreme Court in the cases of Alakh Alok Srivastava (Supra) and K.A. Najeeb (Supra), revisionist has made out a case for bail. Accordingly, the findings recorded by the learned Court below are erroneous and cannot be sustained. The aforesaid impugned order is set aside. 8-The present criminal revision is allowed. 9-Let the revisionist Ram Babu Vishwakarma son of Chhote Lal Vishwakarma, involved in the aforesaid case crime be released on bail on furnishing a personal bond of his father, namely Chhote Lal Vishwakarma, who is his natural guardian with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The revisionist through guardian shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law; (ii) The revisionist through guardian shall remain present before the trial Court on each date fixed, either personally or through his counsel. Order Date :- 26.5.2025 Ishrat Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad