High Court

2. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material placed on record.

3. 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 10.09.2024, passed by the Special Judge, Children Court, Lakhimpur Kheri in Criminal Appeal No.56 of 2024 and the order dated 24.07.2024, passed by the Juvenile Justice Board, Lakhimpur Kheri in Case Crime No.307/2024, under Sections 376D, 323, 328, 504 IPC and Section 3(2) (v) of SC/ST Act, Police Station- Mohammadi, District- Lakhimpur Kheri.

4. 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.

5. It is further stated that the revisionist, a juvenile, is languishing in jail since 06.05.2024 and he is having no criminal history, which has not been opposed by the learned AGA, and as per Section 18(1)(g) of the Act of 2015, the maximum punishment which could be awarded to a juvenile is three years and as such, taking note of the period of incarceration, the juvenile is entitled to be enlarged on bail.

6. It is further stated that co-accused/Haroon has already been enlarged on bail by this Court vide order dated 05.12.2025 passed in Criminal Appeal No. 3149 of 2024. The copy of order dated 05.12.2025 placed before this Court is taken on record. The relevant portion of the order dated 05.12.2025, referred, is extracted hereunder:- "In the prosecution case it is alleged that on 27.04.2024 at about 11 o'clock in the night while the minor daughter aged about sixteen years of the complainant had gone to ease out she was caught by accused and he had taken her with him and raped all night. Learned counsel for the appellant while pressing the appeal submits that, the appellant has been falsely implicated in this case. Nothing as claimed by the prosecution has been committed by the appellant. It is contended on behalf of the appellant that according to ossification test report, victim is major aged about 18-20 years. A perusal of the statement of the complainant and the mother of the victim show that victim was in relationship with the applicant for the last one and half years. The statement of the victim under Sections 161 & 164 Cr.P.C. are contradictory and improvement has been made by the victim under Section 164 Cr.P.C. There is no corroborative evidence in the medical report. The statement given before the doctor shows that she was a consenting party. Applicant has no criminal history. It is further submitted that, the appellant is languishing in jail in this matter since 02.05.2024. Charge-sheet in the matter has already been submitted. There is no likelihood that the appellant- applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court. Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the appellant-applicant. Considering the facts and circumstance of the case, period of incarceration gone into by the applicant, contradictory statements of the victim under Sections 161 & 164 Cr.P.C., the statements of mother and father of the victim, lack of corroborative material and also statement given before the doctor but without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside. Accordingly, the appeal is allowed and the order dated 13.09.2024 passed in Bail application No.355/2024, arising out of case crime No.307/2024, under Sections 376D, 328, 323, 504 I.P.C. and Section 3(2)(5) of S.C./S.T. Act, Police Station Mohammadi, District Kheri, is set aside. Let the appellant-applicant Haroon involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-"

7. 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.

8. 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.

9. Thus having regard to overall facts and circumstances of the case, I find force in the revision. Accordingly, the revision is allowed.

10. The impugned judgment and order dated 10.09.2024, passed by the Special Judge, Children Court, Lakhimpur Kheri in Criminal Appeal No.56 of 2024 and the order dated 24.07.2024, passed by the Juvenile Justice Board, Lakhimpur Kheri in Case Crime No.307/2024, under Sections 376D, 323, 328, 504 IPC and Section 3(2)(v) of SC/ST Act, Police Station- Mohammadi, District- Lakhimpur Kheri, are hereby set aside.

11. 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 mother that he 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 his counsel, failing which, the order of bail granted to Juvenile may be cancelled.

12. 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. Order Date :- 19.8.2025 Arun/-

2. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material placed on record.

3. 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 10.09.2024, passed by the Special Judge, Children Court, Lakhimpur Kheri in Criminal Appeal No.56 of 2024 and the order dated 24.07.2024, passed by the Juvenile Justice Board, Lakhimpur Kheri in Case Crime No.307/2024, under Sections 376D, 323, 328, 504 IPC and Section 3(2) (v) of SC/ST Act, Police Station- Mohammadi, District- Lakhimpur Kheri.

4. 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.

5. It is further stated that the revisionist, a juvenile, is languishing in jail since 06.05.2024 and he is having no criminal history, which has not been opposed by the learned AGA, and as per Section 18(1)(g) of the Act of 2015, the maximum punishment which could be awarded to a juvenile is three years and as such, taking note of the period of incarceration, the juvenile is entitled to be enlarged on bail.

6. It is further stated that co-accused/Haroon has already been enlarged on bail by this Court vide order dated 05.12.2025 passed in Criminal Appeal No. 3149 of 2024. The copy of order dated 05.12.2025 placed before this Court is taken on record. The relevant portion of the order dated 05.12.2025, referred, is extracted hereunder:- "In the prosecution case it is alleged that on 27.04.2024 at about 11 o'clock in the night while the minor daughter aged about sixteen years of the complainant had gone to ease out she was caught by accused and he had taken her with him and raped all night. Learned counsel for the appellant while pressing the appeal submits that, the appellant has been falsely implicated in this case. Nothing as claimed by the prosecution has been committed by the appellant. It is contended on behalf of the appellant that according to ossification test report, victim is major aged about 18-20 years. A perusal of the statement of the complainant and the mother of the victim show that victim was in relationship with the applicant for the last one and half years. The statement of the victim under Sections 161 & 164 Cr.P.C. are contradictory and improvement has been made by the victim under Section 164 Cr.P.C. There is no corroborative evidence in the medical report. The statement given before the doctor shows that she was a consenting party. Applicant has no criminal history. It is further submitted that, the appellant is languishing in jail in this matter since 02.05.2024. Charge-sheet in the matter has already been submitted. There is no likelihood that the appellant- applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court. Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the appellant-applicant. Considering the facts and circumstance of the case, period of incarceration gone into by the applicant, contradictory statements of the victim under Sections 161 & 164 Cr.P.C., the statements of mother and father of the victim, lack of corroborative material and also statement given before the doctor but without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside. Accordingly, the appeal is allowed and the order dated 13.09.2024 passed in Bail application No.355/2024, arising out of case crime No.307/2024, under Sections 376D, 328, 323, 504 I.P.C. and Section 3(2)(5) of S.C./S.T. Act, Police Station Mohammadi, District Kheri, is set aside. Let the appellant-applicant Haroon involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-"

7. 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.

8. 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.

9. Thus having regard to overall facts and circumstances of the case, I find force in the revision. Accordingly, the revision is allowed.

10. The impugned judgment and order dated 10.09.2024, passed by the Special Judge, Children Court, Lakhimpur Kheri in Criminal Appeal No.56 of 2024 and the order dated 24.07.2024, passed by the Juvenile Justice Board, Lakhimpur Kheri in Case Crime No.307/2024, under Sections 376D, 323, 328, 504 IPC and Section 3(2)(v) of SC/ST Act, Police Station- Mohammadi, District- Lakhimpur Kheri, are hereby set aside.

11. 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 mother that he 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 his counsel, failing which, the order of bail granted to Juvenile may be cancelled.

12. 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. Order Date :- 19.8.2025 Arun/-