JUVENILE XversusSTATE OF U.P. AND 3 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                    CRIMINAL REVISION No. - 6442 of 2025

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

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

Counsel for Revisionist(s)               :   Pushpendra Singh
Counsel for Opposite Party(s)            :   Adil Jamal, G.A., Shabeh Jamal

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

Learned counsel for the revisionist has filed rejoinder affidavit today in Court, which
is taken on record.


Heard learned counsel for the revisionist, learned counsel for the opposite
party no.4 and learned A.G.A. for the State and perused the records.

The present criminal revision has been filed to quash the order dated
17.07.2025, passed by the Child Court/Additional Sessions Judge, Banda
in Criminal Appeal No.16 of 2025 (CNR No.UPBD010017772025),
(Vidhi Vivadit Kishor Vs. State of U.P.), under Section 101 of the
Juvenile Justice (Care and Protection of Children) Act, 2015, and order of
the Juvenile Justice Board, District Banda and dated 15.04.2025, arising
out of Case Crime No.524 of 2024, under Sections 137(2), 87, 64 of the
BNS, 2023 and Section 3/4 of POCSO Act, Police Station Kotwali Nagar,
District Banda.

Learned counsel for the revisionist submits:

(i) admittedly, the applicant was a juvenile aged about 17 years 11 months
and 12 days on the date of alleged incident; He is in jail since 09.08.2024;

(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;
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                                2


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

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

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

(vii) 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.

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

Learned A.G.A. for the State as well as learned counsel for the opposite
party no.2 have 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
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
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                                3


(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 father 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 Juvenile X 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;

(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
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                                                                   4


                                    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.

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

                                    (v) The trial court is directed to proceed with the trial without granting
                                    any unnecessary or long adjournments to either of the parties. Registrar
                                    (compliance) is directed to communicate the order to the Child
                                    Observation Home concerned within a week.



                                                                                      (Jai Prakash Tiwari,J.)
                                    April 23, 2026
                                    Mini




Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad