A Minor vs State of U.P. and 3 Others

Counter affidavit on behalf of the State and supplementary affidavit filed with certified copy of the FIR and DPO report on behalf of the revisionist in the Court are taken on record.

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

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The present criminal revision has been filed to set aside the order dated 18.07.2025 passed by Juvenile Justice Board, Moradabad, whereby bail application of the revisionist has been rejected in Misc. Case No. 36 of 2025, arising out of Case Crime No. 147 of 2025, under Sections 351(2) BNS, Section 5g/5m/6 Protection of Children from Sexual Offences Act, 2012, and Section 67 Information Technology Act, Police Station Majhola, District Moradabad and the order dated 25.09.2025 passed by learned Child Court/Special Judge (POCSO Act), Court No. 1, Moradabad, whereby Criminal Appeal No. 96 of 2025 filed against the same was dismissed , with the further prayer to enlarge the revisionist on bail during the pendency of the trial.

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Learned counsel for the revisionist submits:

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(i) admittedly, the applicant was a juvenile aged about 14 years, 09

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CRLR No. 6691 of 2025

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months, 27 days on the date of alleged incident; He is in jail since 28.02.2025;

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(ii) the applicant has been falsely implicated;

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(iii) there is no specific or strong objection raised in the DPO report, other than the general and vague observations;

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(iv) co-accused of the applicant/revisionist has already been granted bail by this Court vide order dated 1.09.2025 passed in Criminal Revision No. 4017 of 2025; titled Na Juvenile vs. State and 3 others;

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(v) there is no criminal history of the applicant;

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(vi) there is no hope of early conclusion of the trial;

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(vii) the revisionist has remained confined in the child observation home for an unduly long period of time;

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(viii) none of the grounds contemplated under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act) are available, to deny the bail to the applicant.

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(ix) therefore, the impugned orders have been assailed as erroneous and contrary to law.

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Learned A.G.A. for the State vehemently opposed the present criminal revision. It is submitted, the incident reported is true and it is wrong to say that the allegations made against the applicant are false, and/are motivated. Also, reliance has been placed on the findings recorded in the bail rejection orders to submit that the instant revision may be dismissed.

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It is not in dispute that the applicant is a juvenile and is entitled to the benefits of the provisions of the Act. Under Section 12 of the Act, the prayer for bail of a juvenile may be rejected 'if there appear reasonable grounds for believing that the release of the juvenile is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice'.

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CRLR No. 6691 of 2025

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The court has to see whether the opinion of the learned appellate Court as well as Juvenile Justice Board recorded in the impugned judgment and orders are in consonance with the provision of the Act. Section 12 of the Act lays down three contingencies in which bail may be refused to a juvenile offender. These are:-

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(i) if the release is likely to bring him into association with any known criminal, or

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(ii) expose him to moral, physical or psychological danger, or

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(iii) that his release would defeat the ends of justice?

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Thus, it remains largely undisputed that the applicant - was a juvenile on the date of occurrence; does not appear to be prone to criminal proclivity or criminal psychology, in light of the observations of the D.P.O; does not have a criminal history; has been in confinement for an unduly long period of time, in as much as the trial has not concluded within time frame contemplated by the Act. Even otherwise, there does not appear to exist any factor or circumstance mentioned in section 12 of the Act as may disentitle the applicant to grant of bail, at this stage. The mother of the applicant undertakes to address the statutory concerns expressed in section 12 of the Act, as to the safety and well being of the applicant, upon his release.

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In view of the above, it appears that the findings recorded by the learned Court below are in conflict with the settled principle in law, for the purpose of grant of bail and are erroneous and contrary to the law laid down by this court. Consequently, those orders cannot be sustained. The impugned orders are hereby set aside.

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In view of the observations made above, the present criminal revision is allowed . Let the revisionist- A Minor son of Arman through his mother namely Smt. Shabana Begum being natural guardian 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:

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CRLR No. 6691 of 2025

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(i) The revisionist shall not tamper with the evidence or threaten the witnesses;

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(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;

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(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/269 B.N.S.S.

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Registrar (compliance) is directed to communicate the order to the Child Observation Home concerned within a week.

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(Jai Prakash Tiwari,J.)

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December 10, 2025 Brijesh

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Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad

A Minor v. State of U.P. and 3 Others

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