Allowed

Juvenile Delinquent X Thru. Natural Guardian His Mother Y v. State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Allahabad HC19 Aug 2025CRLR/1397/2024

Case brief

AI extract

What is this about?

A juvenile facing charges under BNS, POCSO and the U.P. unlawful conversion act, detained since July 2024, sought bail after appellate courts refused it. The High Court noted his detention period exceeded the three-year statutory maximum and the victim had turned hostile, allowed the revision, set aside both impugned orders, and enlarged him on bail.

What did the court decide?

Revision allowed; both impugned orders set aside; juvenile enlarged on bail via mother/guardian's bond and two sureties, with affidavit undertaking and monthly reporting to Probation Officer.

Juvenile Delinquent X Thru. Natural Guardian… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL REVISION No. - 1397 of 2024

¶3

Juvenile Delinquent X Thru. Natural Guardian His Mother Y

¶4

.....Revisionist(s)

¶5

Versus

¶6

State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) Counsel for Revisionist(s) : Dileep Kumar Tiwari, Md.Khurshed Ahmad, Rahul Srivastava, Subham Srivastava Counsel for Opposite Party(s) : G.A.

¶7

Court No. - 11

¶8

HON'BLE SAURABH LAVANIA, J.

¶9

As per office report (s) dated 16.12.2024 and 08.09.2025, which is based upon the report of the Chief Judicial Magistrate, Sultanpur, the notice upon the opposite party Nos. 2 and 5 is sufficient. However, when the case is taken up, no one appeared on behalf of the opposite party Nos. 2 and 5. However, learned A.G.A. for the State is present. In these circumstances, the court proceeded to decide the case.

¶10

Supplementary affidavit filed today is taken on record.

¶11

Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material placed on record.

¶12

This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act of 2015") read with Section 438/442 of the BNSS, 2023 has been filed against the judgment and order dated 24.10.2024, passed by the Additional District and Sessions Judge/Special Judge, POCSO Act, Court No.12, Sultanpur in Criminal Appeal No.54 of 2024 and the order dated 30.09.2024, passed by the Principal Magistrate, Juvenile Justice Board, Sultanpur in the case arising out of FIR /Case Crime No.270/2024, under Sections 137(2), 87, 64 of B.N.S., 2023, Section 3/4 of the POCSO Act and Section 3/5(i) of the Uttar

¶13

CRLR No. 1397 of 2024

¶14

¶15

Pradesh Prohibition of Unlawful Conversion of Religion Act, Police Station - Gosainganj, District - Sultanpur.

¶16

Learned counsel for the revisionist has submitted that the revisionist has been falsely implicated in the case, inasmuch as, the revisionist has not committed any offence as alleged and the prosecution story is false, concocted and misconceived.

¶17

It is further stated that the revisionist, a juvenile, is languishing in Bal Samprekshan Grih/Children Home since 10.07.2024 and he is having no criminal history, which has not been opposed by the side opposite, and as per Section 18(1)(g) of the Act of 2015, the maximum punishment which could be awarded to a juvenile is three years which however is subject to the provisions of the Act of 2015 including Section 21 and as such, taking note of the period of incarceration as also the intent/spirit of Section 12 of the Act of 2015, the juvenile is entitled to be enlarged on bail.

¶18

Learned counsel for the revisionist has also submitted that the statement of the victim has been recorded before the trial court and in the said statement the victim has not supported the prosecution version and she has been declared hostile. The statement of the victim has been annexed along with the supplementary affidavit filed today as Annexure No.SA-1. In these circumstances, the revisionist is entitled to be enlarged on bail and there is no apprehension that after being released on bail he may come with the contact of the known and unknown bet criminals or may be exposed to moral, physical or psychological danger.

¶19

Learned A.G.A. on the other hand submitted that no illegality has been committed by both the courts below as there was ample evidence against the revisionist, but he has not disputed the above submissions of learned counsel for the revisionist.

¶20

Thus, having regard to overall facts and circumstances of the case including the victim has already been declared hostile, I find it to be a fit case for bail. Accordingly, the revision is allowed .

¶21

The impugned judgment and order dated 24.10.2024, passed by the Additional District and Sessions Judge/Special Judge, POCSO Act, Court

¶22

CRLR No. 1397 of 2024

¶23

¶24

No.12, Sultanpur in Criminal Appeal No.54 of 2024 and the order dated 30.09.2024, passed by the Principal Magistrate, Juvenile Justice Board, Sultanpur in the case arising out of FIR/Case Crime No.270/2024, under Sections 137(2), 87, 64 of B.N.S., 2023, Section 3/4 of the POCSO Act and Section 3/5(i) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, Police Station - Gosainganj, District - Sultanpur are set aside.

¶25

Let Juvenile Delinquent 'X' involved in aforesaid Case Crime Number be enlarged on bail, in the above mentioned case on executing a personal bond by his mother/natural guardian with two reliable sureties in the like amount to the satisfaction of the Court/Board concerned and on submission of undertaking on affidavit by his mother that she will take due care of the juvenile, will not allow him to indulge in any unlawful or criminal activity or join the company of unlawful elements, will keep him under strict control, shall not attempt or tamper with the evidence or threaten the witnesses, shall not seek any adjournment on the date fixed for evidence, shall remain present before the trial Court on each date fixed either personally or through his counsel, failing which, the order of bail granted to Juvenile may be cancelled.

¶26

For a period of one year from today, the Juvenile shall appear before the District Probation Officer concerned along with his natural guardian on 10th of every month.

¶27

(Saurabh Lavania,J.)

¶28

September 12, 2025 ML/-

¶29

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Juvenile Delinquent X Thru. Natural Guardian His Mother Y v. State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Juvenile Delinquent X Thru. Natural Guardian His Mother Y v. State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dinesh Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

Khairul Nisha Vs State of U.P. Thru. Secy. Home Lko. and Another

Dr. Shoab Ahmad Khan Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Bal Apchari a (Child Delinquent a) Thru. His Brother vs State of U.P. Thru. Prin. Secy. Deptt. Home Lko and 3 Others

Juvenile X Thru. His Natural Guardian Father vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Bhupendra Kumar Singh and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another