X Accused of Case Crime No. 272/2025 Thru. His Guardian/ Father Mr Y vs State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and 4 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL REVISION No. - 97 of 2026

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X Accused Of Case Crime No. 272/2025 Thru. His Guardian/ Father Mr Y

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.....Revisionist(s)

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Versus

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State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 4 Others

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.....Opposite Party(s) Counsel for Revisionist(s) : Anil Kumar Maurya, Dr.Pramod Kumar Maurya, Manish Mani Tripathi, Priyanshi Maurya Counsel for Opposite Party(s) : G.A., Rahul Kumar Sharma

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Court No. - 13

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HON'BLE SAURABH LAVANIA, J.

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Short counter affidavit filed today, is taken on record.

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Heard learned counsel for the revisionist, learned Counsel for the side opposite/victim, learned A.G.A. for the State and perused the 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 01.12.2025, passed by the Additional Session Judge/Special Judge (POCSO ACT), Gonda, in Criminal Appeal No. 92/2025 and against the order dated 05.11.2025 passed by Juvenile Justice Board, Gonda, in Bail Application No.295/2025, Police Station-Nawabganj, District-Gonda.

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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 revisionist and victim, both minor and r/o of same vicinity, were in relationship/contact and just to break the relationship the informant lodged the FIR making allegations against the revisionist to attract the offence under Section 137(2) of BNS, Police Station-Nawabganj, District-Gonda, in connection to which the revisionist about 16 years of age, is in incarceration since 02.08.2025.

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It is further stated that victim is in love affair with the revisionist and she wants to marry with the revisionist and wants to stay with the revisionist and these facts can be inferred from the copies of the statement(s) on record, annexed as Annexure Nos. 3 and 4 respectively. The said fact can also be inferred from the counter affidavit, filed today, which is taken on record. The paragraph-4 of counter affidavit would indicate that revisionist and victim were in affair.

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CRLR No. 97 of 2026

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2

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It is also stated that upon due medical examination the doctor concerned could not opined that it is a case of sexual violence.

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It is further stated that the revisionist, having no criminal history, which has not been opposed by the side opposite and as such taking note of the period of incarceration as also Section 12 of Juvenile Justice (Care and Protection of Children) Act 2015 (in short 'Act of 2015') and the maximum sentence/punishment, the juvenile is entitled to be enlarged on bail.

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It is further stated that in these circumstances, the revisionist is entitled to be enlarged on bail and in case he is enlarged on bail, 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.

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Learned AGA, 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 statement(s) of victim, I find force in the revision. Accordingly, the revision is allowed .

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The impugned judgment and order dated 01.12.2025, passed by the Additional Session Judge/Special Judge (POCSO ACT), Gonda, in Criminal Appeal No. 92/2025 and against the order dated 05.11.2025 passed by Juvenile Justice Board, Gonda, in Bail Application No.295/2025, Police Station-Nawabganj, District-Gonda, are hereby 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 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 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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February 25, 2026 Jyoti/-

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(Saurabh Lavania,J.)

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

X Accused of Case Crime No. 272/2025 Thru. His Guardian/ Father Mr Y v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and 4 Others

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X Accused of Case Crime No. 272/2025 Thru. His Guardian/ Father Mr Y v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and 4 Others

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