Uttarakhand High Court
Conflict With Law & Another vs Unknown on 12 September, 2025
2025:UHC:8220
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IA No.01 of 2025 (Bail Application)
In
CRLR No. 461 of 2025
Hon'ble Ashish Naithani, J.
Mr. Pankaj Semwal, learned counsel for the revisionists.
2. Mr. B. C. Joshi, learned A.G.A. assisted by Mr. Vikash
Uniyal, learned Brief Holder for the State.
3. The present criminal revision under Section 102 of Juvenile
Justice (Care and Protection of Children) Act, 2015 is moved on
behalf of the revisionists to set-aside the impugned judgment and
order dated 25.04.2025 passed by Children Court/Special Sessions
Judge (The Protection of Children From Sexual Offences Act,
2012) in Criminal Appeal No.11 of 2025, titled as " "A"- Child in
Conflict with law & Another vs. State of Uttarakhand" and in
Criminal Appeal No.12 of 2025, titled as " "C"- Child in Conflict
with law vs. State of Uttarakhand" in FIR No.08 of 2025, under
Section 65(1) of BNS and under Section 5(j)(ii) r/w Section 6 of
the POCSO Act, P.S. Ukhimath, District Rudraprayag and the
revisionists be released on bail during the pendency of inquiry
before the appropriate court.
4. Counsel for the revisionists/applicants submits that the
revisionists/applicants were apprehended/detained on 10.03.2025
and bail applications were moved by these CCLs before the
learned Juvenile Justice Board and the same were rejected on
03.04.2025. Thereafter, Criminal Appeal Nos.11 & 12 of 2025
were filed before the Children Court/Special Sessions Judge,
Rudraprayag, whereby by the impugned order dated 25.04.2025
bail of the revisionists were rejected; since the inquiry is
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underway and it will take reasonable time in concluding the same;
since the revisionist nos. 1 & 2 are the students of 12th class and
the revisionist no.3 given exams of 12th and passed 12th class
examination and in case the revisionists remain in observation
home in such eventuality, their entire career will be at stake and
the revisionists will not be in a position to pursue their further
study; the revisionists have no other previous criminal antecedent
whatsoever neither the revisionists is a previous convict nor have
been convicted by any court of law.
He further makes a statement that the FIR and the victim's
statement recorded under Section 183 of BNSS clearly mentions
that the alleged incident occurred "about one year ago" and the
child was born in March 2025, scientifically and biologically, this
timeline does not correspond with the gestation period of
approximately nine months and hence the medical evidence does
not corroborate the allegation of rape occurring a year prior and
there is no direct or circumstantial evidence linking the present
revisionists with the incident other than the delayed oral
allegation. There is no likelihood of the revisionists tampering
with the evidence or threatening the witnesses. The minors are
read to abide by all the terms and conditions imposed by this
Hon'ble Court and to reside under the care and supervision of his
natural guardian. The bail for juvenile is matter of right in terms
of Section 12(1) of the Juvenile Justice (Care and Protection of
Children) Act, 2015. The orders passed by the Juvenile Justice
Board and the Sessions Court are contrary to the settled principles
of bail for juveniles and are liable to be set-aside.
5. Learned State counsel vehemently opposed the bail
application, however, admitted the submissions made by learned
counsel for the revisionists/applicants that the revisionists have no
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other previous criminal antecedent whatsoever neither the
revisionists are previous convict, nor have been convicted by any
court of law.
6. Having considered the submissions of learned counsel for
the parties but without expressing any opinion about the final
merits of the case, the revisionists/applicants are admitted to bail
on furnishing bail bond with two sureties in the amount of
₹30,000/- each and personal bond of the like amount to the
satisfaction of the court concerned, and subject to the following
conditions:
i. The natural guardian shall ensure that the juvenile
does not come into contact with the victim or witnesses.
ii. The natural guardian shall ensure that the juvenile
attends counselling/rehabilitation programmes as
directed by the Probation Officer.
iii. The juvenile shall not leave the jurisdiction without
permission of the Board and shall not commit any
similar offence.
iv. The Probation Officer/Social Welfare Officer shall
periodically supervise the conduct of the juvenile and
submit reports to the Board.
On breach of any of the above conditions, it shall be open to
the State to move for cancellation of bail.
7. Accordingly, the Bail Application stands allowed.
8. The impugned judgment and order dated 25.04.2025 passed
by Children Court/Special Sessions Judge (The Protection of
Children From Sexual Offences Act, 2012) in Criminal Appeal
No.11 of 2025, titled as " "A"- Child in Conflict with law &
Another vs. State of Uttarakhand" and in Criminal Appeal No.12
of 2025, titled as " "C"- Child in Conflict with law vs. State of
2025:UHC:8220
Uttarakhand" in FIR No.08 of 2025, under Section 65(1) of BNS
and under Section 5(j)(ii) r/w Section 6 of the POCSO Act, P.S.
Ukhimath, District Rudraprayag, is hereby set-aside.
9. Consequently, the present criminal revision also stands
disposed of.
(Ashish Naithani, J.)
12.09.2025
Akash
AKASH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef
73518c148d140566ab1e26f9cbe61d,
postalCode=263001, st=Uttarakhand,
serialNumber=27096a1625377537a487dee49224
c891823fc6a0334628b21e516047ed4f22f7,
cn=AKASH
Date: 2025.09.15 18:14:57 +05'30'
