JUVENILE XversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL REVISION No. - 8480 of 2025

Juvenile X
                                                             .....Revisionist(s)
                                   Versus
State Of U.P. And 3 Others
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Revisionist(s)              :   Rajeev Kumar
Counsel for Opposite Party(s)           :   Santosh Kumar Singh, G.A.

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 10.11.2025 passed by
learned Additional District and Sessions Judge/ Special Judge, (POCSO Act)
Court No. 3 Amroha in Criminal Appeal No. 139 of 2025 (Juvenile 'X' Vs.
State of U.P. and another) as well as the impugned order dated 09.10.2025
passed by learned Juvenile Justice Board, Amroha. Further prayed to release
the revisionist on bail arising out of Case Crime No. 183 of 2025, under
Section 137(2), 351(2), 351(3), 64 B.N.S. and 3/4(2) POCSO Act, Police
Station Naugawan Sadat, District Amroha.

It is submitted by learned counsel for the revisionist that in this case
revisionist is aged about 16 years. The victim was also aged about 16 years
but during medical examination her age was found to be 18 years. He further
submits that the contents of F.I.R. itself disclosed the fact that the victim
herself went away from her house with the revisionist and F.I.R. was lodged
after three days of the alleged incident. He further submits that the statement
of victim as recorded under Section 183 B.N.S.S. before the learned
Magistrate in which she stated that with the revisionist she went to Orissa in
the house of his grandmother by train where physical relations were
established which shows that both were consensuous and willy and no any
force or violence was used against the victim. He also submits that she never
made any hue and cry either in the way or in the house of his grandmother. It
shows that she was consenting but under pressure of her parents she made
statements about physical relations against her will before the learned
Magistrate.
                                                          CRLR No. 8480 of 2025
                                2

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
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 04.06.2025 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 and contended that in this case the victim was minor
at the time of alleged incident and enticed away by the revisionist and went
to Orrisa where physical relations against her will. In this way, he cannot be
said to be innocent and has committed no offence.

Considering the facts and circumstances of the case, submission made by
learned counsel for both the parties as well as learned A.G.A., perusal of
record, the age of the revisionist, the period he remained in observation
home, the statement of the victim as recorded before the learned Magistrate
under Section 183 B.N.S.S., 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 09.10.2025
and the Appellate Court dated 10.11.2025 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.
                                                                                               CRLR No. 8480 of 2025
                                                                     3

                                    (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.

                                    (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