Juvenile Delinquent Xxx Thru. His Father Vs State of U.P. Thru. Prin. Secy. (Home) Lko. and 4 Others

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL REVISION No. - 1231 of 2025

¶3

Juvenile Delinquent Xxx Thru. His Father

¶4

.....Revisionist(s)

¶5

Versus

¶6

State Of U.P. Thru. Prin. Secy. (Home) Lko. And 4 Others .....Opposite Party(s) Counsel for Revisionist(s) : Diwakar Singh, Manoj Kumar, Urvashi Vishwakarma Counsel for Opposite Party(s) : G.A.

¶7

Court No. - 27

¶8

HON'BLE MANJIVE SHUKLA, J.

¶9

Heard Shri Diwakar Singh, learned counsel for the revisionist and learned Additional Government Advocate appearing for the State.

¶10

Learned Additional Government Advocate appearing for the State, at the very outset, has informed that In-charge Inspector, Police Station Mohanganj, District Amethi had given him instructions in writing that the information, in respect of pendency of this criminal revision, had been given to the victim of the crime, subject matter of this criminal revision.

¶11

In spite of information having been given to the victim, no one is present before this Court on her behalf.

¶12

The captioned criminal revision has been filed challenging therein, the order dated 30.07.2025 passed by the learned Juvenile Justice Board, District Raebareli, arising out of Case Crime No. 0135 of 2025, registered under Sections 64, 351(3) B.N.S. 2023 and Section 3/4 P.O.C.S.O. Act, Police Station- Mohanganj, District-Amethi, whereby the application for bail filed by the revisionist had been rejected. The revisionist through this criminal revision has also challenged the order dated 04.10.2025, whereby the appeal filed by the revisionist had been rejected and the order of the Juvenile Justice Board had been upheld.

¶13

It has been contended on behalf of the revisionist that from the contents

¶14

CRLR No. 1231 of 2025

¶15

2

¶16

of the First Information Report and the statement of the victim, recorded under Section 183 B.N.S.S. 2023, it is crystal clear that revisionist and victim were consenting party and while they were doing intercourse, mother of the victim came on the spot and thereafter, under pressure of the parents, the FIR had been lodged and the victim had given statement under Section 183 B.N.S.S. 2023.

¶17

Learned counsel for the revisionist has argued that once it is apparent from the record that the victim was a consenting party in the intercourse, there is no occasion for prosecution of the revisionist and therefore, during pendency of the criminal trial, he is entitled to be enlarged on bail.

¶18

Learned Additional Government Advocate appearing for the State has opposed this criminal revision but in view of the glaring material available on record, he could not deny the fact of possibility of victim being consenting party in the intercourse.

¶19

I have considered the submissions made by the learned counsels appearing for the parties and I find that the contents of the F.I.R. and contents of the statement recorded under Section 183 B.N.S.S. 2023, in categorical terms, demonstrate that the victim was a consenting party in the intercourse.

¶20

Having considered the overall facts and circumstances of the case, this Court is of the opinion that the revisionist is entitled to be enlarged on bail during pendency of the criminal trial.

¶21

Accordingly, this criminal revision is allowed .

¶22

The order dated 30.07.2025 passed by the Juvenile Justice Board and the order dated 04.10.2025 passed by the appellate court are hereby set aside. The trial court/Juvenile Justice Board, District Raebareli/competent court is hereby directed to enlarge the revisionist on bail in the aforesaid case crime number, on furnishing two sureties and a personal bond to the satisfaction of the court concerned with the following conditions:-

¶23

(i.) The revisionist shall cooperate in early disposal of the case without seeking unnecessary adjournments.

¶24

CRLR No. 1231 of 2025

¶25

3

¶26

(ii.) The revisionist shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶27

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶28

It is made clear that the observations made by this Court in this order are tentative in nature and therefore, it is provided that they shall not affect the merits of the trial.

¶29

(Manjive Shukla,J.)

¶30

November 6, 2025

¶31

Satish

¶32

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Juvenile Delinquent Xxx Thru. His Father v. State of U.P. Thru. Prin. Secy. (Home) Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Juvenile Delinquent Xxx Thru. His Father v. State of U.P. Thru. Prin. Secy. (Home) Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mr. Ajay Kumar Dwivedi Vs State of U.P. and Another

Inder Yadav and 3 Others Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

Mohd. Salim Vs State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Surya Mani Rai vs State of U.P. Thru. Prin. Secy. Deptt. of Medical Edu. U.P. Lko. and 6 Others

X Minor, Son of Y vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Juvenile Delinquent Xxx Thru. His Father vs State of U.P. Thru. Prin. Secy. (Home) Lko. and 4 Others