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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4873 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. Heard learned counsel for the revisionist; Shri S.N. Singh holding brief of Shri Rajesh Shukla, learned counsel for the opposite party no.2 learned A.G.A. for the State and perused the material on record. The present criminal revision has been filed to quash the order dated 20.8.2025 passed by Additional Session Judge/Special Judge (POCSO) Act Shamli in Bail Application No. 1319 of 2025 under sections 5G/6 POCSO Act P.S. Babari District Shamli in case crime no. 94 of 2023 whereby the Additional Sessions Judge/Special Judge (POCSO Act), Shamli rejected the bail application of the revisionist under section 5G/6 POCSO Act.
Learned counsel for the revisionist has submitted that revisionist was
directed to be enlarged on bail by order dated 8.7.2025 by this court for committing alleged offence under sections 302,201,377 I.P.C. and section 3/4 POCSO Act
Learned counsel for the revisionist has submitted that after juvenile has been granted bail section 5G/6 POCSO Act has been added and his bail application has been rejected. Learned A.G.A. for the State and learned counsel for the opposite party no.2 have vehemently opposed the bail prayer of the revisionist. After hearing the rival contentions this court finds that mere change in Versus Counsel for Revisionist(s) : Jagdish Prasad Mishra Counsel for Opposite Party(s) : G.A., Rajesh Shukla Juvenile X .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s)
Section does not affects the bail granted earlier to the revisionist in earlier sections. The revisionist is also entitled to bail under the added sections for the reasons given in earlier order. He is in Child Protection Home since 7.8.2023. In view of the above, the order dated 20.8.2025 passed by Additional Session Judge/Special Judge (POCSO) Act Shamli is hereby, set aside. In view of the observations made above, the present criminal revision is allowed. Let the revisionist, X-Juvenile, s/o Imran, involved in the aforesaid case crime be released on bail, on his furnishing personal bond of Rs. 20,000/- with two sureties each of like amount, to the satisfaction of the court concerned with the following conditions: (i) The revisionist shall not tamper with the evidence or threaten the witnesses; (ii) 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; (iii) The revisionist through guardian shall remain present before the trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial Court may proceed against him under Section 229-A of the Indian Penal Code/ section 269 of Bhartiya Nyaya Sanhita. Registrar (compliance) is directed to communicate the order to the Child Observation Home concerned within a week. September 18, 2025 Atul kr. sri.
CRLR No. 4873 of 2025 2 (Siddharth,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad