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2026 DAILYLAW 8686 (ALL)

JUVENILE X v. STATE OF U.P. AND ANOTHER

CRLR/4999/2026 · 2026-09-22

Subhash Chandra Sharma

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4999 of 2026 Court No. - 78 HON'BLE SUBHASH CHANDRA SHARMA, J. Compliance affidavit along with service of notice on the informant filed today by learned A.G.A. is taken on record. Notice has already been served on the opposite party but none put appearance on his part. Heard learned counsel for revisionist as well as learned A.G.A. for State and perused the record. The present criminal revision has been preferred by the revisionist through his natural guardian under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the judgment and order dated 03.07.2026 passed by learned Juvenile Court, Auraiya in Criminal Appeal No. 50 of 2026 as well as order dated 27.01.2026 passed by Juvenile Justice Board, Auraiya. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 718 of 2025, under Sections 109, 115(2), 352, 351(2) B.N.S., Police Station Dibiyapur, District Auraiya. It is submitted by learned counsel for the revisionist that in this case, he is innocent and has been falsely implicated. He has committed no offence. The delinquent was aged about 14 years, 9 months and 17 days at the time of alleged incident. As per F.I.R. he committed the offence with other co- accused persons but during the course of investigation he has specified the role of making assault with axe on the injured. There is nothing specified and adverse to the present delinquent in the report as submitted by the Versus Counsel for Revisionist(s) : Opendra Singh Counsel for Opposite Party(s) : G.A. Juvenile X .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) District Probation Officer except public opinion. The learned J.J. Board did not consider all these facts while deciding the bail application and the learned appellate court also did not consider the material available on record while rejecting the appeal which cannot be said to be lawful. The delinquent is in Juvenile Care Home since 23.12.2025, having no any criminal antecedent and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the age of the delinquent, the period he remained in observation home and nature of injury on the person of injured, it appears that J.J. Board as well as the appellate court has not considered the relevant provisions and the material on record in well manner but passed the order without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside. Accordingly, the orders passed by Juvenile Justice Board dated 27.01.2026 and the appellate court dated 03.07.2026 are, hereby, set aside and present Criminal Revision is hereby, allowed. It is directed that delinquent/applicant be released on bail on executing personal bond by the revisionist (legal guardian of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions:- (i) The revisionist/natural guardian will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the father will ensure that the juvenile will not repeat the offence. (ii) The revisionist/natural guardian will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational CRLR No. 4999 of 2026 2 pursuits. (iii) Juvenile and the revisionist/natural guardian will report to the Probation Officer on the first Monday of every calendar month. (iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, concerned on such a periodical basis as the Juvenile Justice Board may determine. September 23, 2026 Anurag Singh CRLR No. 4999 of 2026 3 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad