Juvenile X in Case Crime No 99/2024 Thru. His Father Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Neutral Citation No. - 2025:AHC-LKO:46273

Court No. - 11

Case :- CRIMINAL REVISION No. - 1403 of 2024

Revisionist :- Juvenile X In Case Crime No 99/2024 Thru. His Father Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Revisionist :- Archana Rawat,Rahul Kumar Kaushal Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Case called out. The respondent no.2/complainant chose not to appear before this Court to oppose the instant appeal despite service of notice, as appears from Annexure No.CA-1 to the counter affidavit of State and the order of this Court dated 06.01.2025. Learned A.G.A. is present in the Court. In these circumstances, this Court proceeded to hear the instant appeal, which relates to enlargement of revisionist on bail, on merits.

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

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This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act of 2015") has been filed against the judgment and order dated 19.10.2024, passed by the Additional Sessions Judge/Special Judge, POCSO Act, Lucknow in Criminal Appeal No.230 of 2024 (X Minor Juvenile Delinquent Vs. Sate of U.P. and others), which was preferred against the order dated 22.08.2024, passed by the Juvenile Justice Board, Lucknow in Misc. Case No.137 of 2024 (State of U.P. Vs. X Minor), arising out of FIR/Case Crime No.99/2024, under Sections 363, 366-A, 376-D, 504, 506 I.P.C. & Section 5/6 of POCSO Act, P.S.- Para, District- Lucknow.

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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.

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It is further stated that the revisionist, a juvenile, is languishing in jail since 02.03.2024 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 and as such, taking note of the period of incarceration, the juvenile is entitled to be enlarged on bail.

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It is further stated that one of the co-accused namely Arun Rawat has already been enlarged on bail by this Court vide order dated 05.07.2024 passed in Criminal Misc. Bail Application No.5289 of 2024. In these circumstances, the revisionist is also 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

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danger.

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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.

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Thus having regard to overall facts and circumstances of the case including the fact that co-accused namely Arun Rawat has already been enlarged on bail by this Court vide order dated 05.07.2024 passed in Criminal Misc. Bail Application No.5289 of 2024, I find force in the revision. Accordingly, the revision is allowed .

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The impugned judgment and order dated 19.10.2024, passed by the Additional Sessions Judge/Special Judge, POCSO Act, Lucknow in Criminal Appeal No.230 of 2024 (X Minor Juvenile Delinquent Vs. Sate of U.P. and others), which was preferred against the order dated 22.08.2024, passed by the Juvenile Justice Board, Lucknow in Misc. Case No.137 of 2024 (State of U.P. Vs. X Minor), arising out of FIR/Case Crime No.99/2024, under Sections 363, 366-A, 376-D, 504, 506 I.P.C. & Section 5/6 of POCSO Act, P.S.- Para, DistrictLucknow are set aside.

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Let Juvenile 'X', of aforesaid Case Crime Number be enlarged on bail, in the above mentioned case on executing a personal bond by his father/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 father that he 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 her counsel, failing which, the order of bail granted to Juvenile may be cancelled.

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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.

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Order Date :- 7.8.2025 Anand/-

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Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Juvenile X in Case Crime No 99/2024 Thru. His Father v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

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Juvenile X in Case Crime No 99/2024 Thru. His Father v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

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