Allahabad High Court
JUVENILE (S)versusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The orders of the Juvenile Justice Board and the appellate court denying bail are set aside, and bail is granted to the juvenile under the JJ Act with conditions.
Summary
The revisionist, a juvenile detained in a Juvenile Care Home, filed a criminal revision under Section 102 of the Juvenile Justice (Care and Protection) Act, 2015, seeking to set aside the Juvenile Justice Board’s order denying bail and the appellate court’s affirmation of that order. The revisionist argued that the Board and appellate court failed to consider Section 12 of the JJ Act and the probation officer’s report, unlike the courts that granted bail to the adult co‑accused. The High Court examined the submissions, noted that the same factual footing applied to the adult co‑accused who were released on bail, and found that the lower tribunals had not applied their judicial mind to the statutory provisions. Consequently, the Court set aside both the Juvenile Justice Board’s and the appellate court’s orders and allowed the revision. The juvenile was released on bail subject to strict conditions imposed on the father and the probation officer.
Issues considered
- Whether the Juvenile Justice Board and the appellate court erred in denying bail by not applying Section 12 of the Juvenile Justice (Care and Protection) Act, 2015 and the probation officer’s report.
- Whether bail can be granted to a juvenile under the provisions of the JJ Act despite the allegations under the POCSO case.
Legislation cited
- Juvenile Justice (Care and Protection) Act, 2015 — s. 102, 12
Subjects
- Juvenile Justice
- Bail
- Section 12 JJ Act
- Revision
- Probation Officer Report
- Juvenile Care Home
- Criminal Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 837 of 2026
Juvenile (S)
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Sandeep Kumar Srivastava
Counsel for Opposite Party(s) : G.A., Mohd. Azam
Court No. - 83
HON'BLE SUBHASH CHANDRA SHARMA, J.
Heard learned counsel for the revisionist, learned counsel for the opposite
party alongwith learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through
his father under Section 102 of the Juvenile Justice (Care and Protection)
Act-2015 (hereinafter referred to as "J.J. Act,2015) to allow the present
revision and set aside the judgment and order dated 20.12.2025 passed by
learned Additional Session Judge/ Special Judge, (POCSO Act) Ist, Amroha
in Criminal Appeal No. 162 of 2025 (Juvenile (S) Son of Bhojraj Singh Vs.
State of U.P. and another) as well as the impugned order dated 24.11.2025
passed by learned Juvenile Justice Board, Amroha. Further prayed to release
the revisionist on bail arising out of Case Crime No. 301 of 2025, under
Section 105, 115(2) B.N.S. and 3(2)V Schedule Caste/Scheduled Tribe Act,
Police Station Naugawan Sadat, District J.P. Nagar(Amroha).
It is submitted by learned counsel for the revisionist that in this case F.I.R.
was lodged against three unknown culprits. He also submits that in the F.I.R.
he was mentioned by the informant that the injured/deceased fell from the
roof but during the course of investigation the name of present revisionist
was brought into light with other co-accused persons Neetu Saini and
Shyoveer Saini who were major and whose bail has already been granted by
Coordinate Bench of this Court in Criminal Appeal No. 11057 of 2025 by
order dated 19.12.2025 and in Criminal Appeal No. 10856 of 2025 by order
dated 18.12.2025 and the case of the present revisionist is not on different
footing.
It is further submitted that the provisions as contained u/s 12 of the Juvenile
Justice Act had not been considered by the Juvenile Justice Board even the
report submitted by Probation Officer was also not considered. The appellate
court has also not considered all these facts but rejected the bail application
CRLR No. 837 of 2026
2
without applying its judicial mind and considering the law as contained u/s
12 of the aforesaid Act. It is also submitted that the apprehension of
possibility of involving the delinquent in company of other criminals has
been mentioned in the order passed by the learned Juvenile Justice Board
and confirmed by the appellate court though no such possibility has been
expressed by the Probation Officer in his report which is on record. The
delinquent is in Juvenile Care Home since 27.10.2025 and his psychology is
being affected adversely, therefore, requested to set aside order passed by
the J.J. Board as well as appellate court and allow the criminal revision.
Learned counsel for the opposite party as well as learned A.G.A. opposed
the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by
learned counsel for both the parties as well as learned A.G.A., perusal of
record, the fact that other co-accused persons those were major has already
been granted by Co-ordinate Bench of this Court and the case of the present
revisionist is not on different footing, the provisions as contained u/s 12 of
Juvenile Justice Act, the report submitted by the Probation Officer, it
appears that Juvenile Justice Board as well as the Appellate Court had not
considered the relevant provisions and the material on record in well manner
but passed the order without applying their judicial mind. In this way, there
appears ground in this revision and the orders passed by the Juvenile Justice
Board as well as learned appellate court are liable to be set aside.
Accordingly, the orders passed by Juvenile Justice Board dated 24.11.2025
and the Appellate Court dated 20.12.2025 are, hereby, set aside and present
criminal revision is hereby, allowed.
It is directed that revisionist be released on bail on executing person bond by
the revisionist (father of the delinquent) and two sureties each in the like
amount to the satisfaction of the Juvenile Justice Board concerned on
following conditions :-
(i) The revisionist/father will furnish an undertaking that upon release on
bail the revisionist will not be permitted to go into contact or association
with any known criminal or allowed to be exposed to any moral, physical, or
psychological danger and further that the father will ensure that the juvenile
will not repeat the offence.
(ii) The revisionist/father will further furnish an undertaking to the effect
that the juvenile will pursue his study at the appropriate level which he
would be encouraged to do besides other constructive activities and not be
allowed to waste his time in unproductive and excessive recreational
pursuits.
CRLR No. 837 of 2026
3
(iii) Juvenile and the revisionist/father will report to the Probation Officer on
the first Monday of every calendar month.
(iv) The Probation Officer will keep a strict vigil on the activities of the
juvenile and regularly draw up his social investigation report that would be
submitted to the Juvenile Justice Board concerned on such a periodical basis
as the Juvenile Justice Board may determine.
March 19, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…