X JUVENILEversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                  CRIMINAL REVISION No. - 1917 of 2026

X Juvenile
                                                            .....Revisionist(s)
                                   Versus

State Of U.P. And 3 Others
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Revisionist(s)        : Adarsh Kumar Singh, Ankit Tiwari
Counsel for Opposite Party(s)     : G.A.

Court No. - 84
                 HON'BLE JAI PRAKASH TIWARI, J.

As per office report dated 17.04.2026, notice has been served on opposite
party no.2, but no one has turned up to opposed this revision.

Heard learned counsel for the revisionist and learned A.G.A. for the State.

The present criminal revision has been filed to quash the order dated
27.02.2026 passed by Special Judge, Exclusive Court, POCSO Act,
Baghpat in Criminal Appeal No. 18 of 2026 and the order dated
13.02.2026 passed by the Juvenile Justice Board, Baghpat in Case Crime
No. 768 of 2025 under Section 126(2), 352, 109(1), 3(5) BNS, Police
Station Baraut District Baghpat.

Learned counsel for the revisionist submits:

(i) admittedly, the applicant was a juvenile aged about 17 years and 17
days on the date of alleged incident; He is in observation home since
30.11.2025;

(ii) the applicant has been falsely implicated;

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

(iv) eye-witnesses of the incident namely Subhash and Sajid did not
assign the role of firing against the revisionist;
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(v) nothing incriminating was recovered either from the possession of
revisionist or on his pointing out;

(vi) as far as role is concerned, similarly placed two co-accused Yash and
Shibbu @ Shivam (both are major) have been released on bail by co-
ordinate Bench of this Court vide orders dated 20.02.2026 and 19.02.2026
passed in Criminal Misc. Bail Application Nos. 5234 of 2026 and 5181 of
2026;

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

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

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

(x) 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.

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

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.

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'.

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
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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:-

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

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

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

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 natural
guardian 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.

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 order dated are hereby set aside.

In view of the observations made above, the present criminal revision is
allowed. Let the revisionist X Juvenile S/o Sunil Kashyap through his
uncle/ natural guardian Sri Anil 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:

(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;

                                    (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.

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


                                                                                         (Jai Prakash Tiwari,J.)
                                    April 20, 2026
                                    KK Patel




Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad