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This revision is directed against the judgment and order dated 16.10.2020 passed by Sessions Judge, Amroha dismissing Criminal Appeal No.16 of 2020 filed under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ''the Act') and affirming the order dated 22.09.2020 passed by Juvenile Justice Board, Amroha refusing the bail plea to the revisionist in Case Crime No. 191 of 2020, CNR No. U.P. J.B.O. 1003356/2020 under Section 376-D I.P.C. and 3/4 POCSO Act, Police Station Amroha Dehat, District Amroha.

Learned counsel for the revisionist further submits that it is not in dispute that the revisionist is a juvenile as he has already been declared juvenile by Juvenile Justice Board, Amroha vide order dated 10.09.2020. The revisionist was a juvenile aged 15 Years 08 Months and 17 days on the date of occurrence. He is in jail since 07.08.2020 in connection with the present crime and has completed substantial period of the sentence out of the maximum three years institutional incarceration permissible for a juvenile, under Section 18(1)(g) of the Act. It is submitted with much emphasis that co-accused Sail Ali, who is also minor and similarly circumstanced as the revisionist, has been admitted to bail by this Court vide order dated 17.11.2021 passed in Criminal Revision No. 841 of 2021. It is argued that the revisionist being a minor, cannot be held in institutional incarceration any further once co-accused, similarly circumstanced, has been admitted to bail. Further submission is that the case of the revisionist is not on worse footing than that of the co-accused, therefore on principles of parity also the revisionist be released on bail.

Learned counsel for the revisionist further submits that thereafter the revisionist applied for bail before the Juvenile Justice Board, Amroha upon which a report from the District Probation Officer was called for. The bail application was rejected vide order dated 22.09.2020, being aggrieved, the revisionist preferred an appeal, which was also dismissed vide order dated 16.10.2020. Hence the present criminal revision has been filed before this Hon'ble Court mainly on the following amongst other grounds:

In the result, this revision succeeds and is allowed. The impugned judgment and order dated 16.10.2020 passed by Sessions Judge, Amroha passed in Criminal Appeal No.16 of 2020 and the order dated 22.09.2020 passed by Juvenile Justice Board, Amroha are hereby set aside and reversed. The bail application of the revisionist stands allowed.

Let the revisionist, Afzal through his natural guardian/father Haroon be released on bail in Case Crime No. 191 of 2020, CNR No. U.P. J.B.O. 1003356/2020 under Section 376-D I.P.C. and 3/4 POCSO Act, Police Station Amroha Dehat, District Amroha upon his natural guardian furnishing a personal bond with two solvent sureties of his relatives each in the like amount to the satisfaction of the Juvenile Justice Board, Amroha subject to the following conditions: