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This revision is directed against the judgment and order dated 07.12.2021 passed by learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Court No. 2, Amroha, dismissing Criminal Appeal No. 53 of 2021 (Smt. Reshma Vs. State of UP), filed under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ''the Act') and affirming an order of Juvenile Justice Board, Amroha dated 03.11.2021, refusing bail plea to the revisionist in Case Crime No. 378 of 2021, under Sections 147, 148, 149, 323, 324, 307, 34 IPC, Police Station Amroha Nagar, District Amroha.

Learned counsel for the revisionist further submits that no specific role has been assigned to any of the accused persons including the revisionist and general role has been assigned to them for assaulting the injured persons.

Learned counsel for the revisionist further submits that as per the prosecution case, in the aforesaid incident Abdullah Iqbal and Hamza had received injuries and they were medically examined in C.H.C., Amroha at 6:30 p.m. Hamza received two injuries; one is superficial incised wound of size 4.0 c.m. x 0.3 c.m. x skin deep on lateral aspect of left forearm 12 c.m. above from left elbow joint; and second is linear abrasion of size 1.0 c.m. on front of distal phalanx of little finger of right hand 1.5 c.m. below. As per the doctor above two injuries were simple in nature.

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 25.10.2021. The revisionist was a juvenile aged 17 years, 06 months and 28 days on the date of occurrence. He was, thus, clearly below 18 years of age. He is in jail since 25.10.2021 in connection with the present crime and has completed a substantial period of 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 similarly circumstanced as the revisionist, including juvenile Shanu @ Shahnawaz, and adult co-accused, Abdul Hannan, Hamza Malik, have already been granted bail by the court below vide orders dated 26.11.2021, 14.12.2021 and 09.02.2022. It is argued that the revisionist being a minor, cannot be held in institutional incarceration any further once co-accused, similarly circumstanced, have 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.

In the result, this revision succeeds and is allowed. The impugned judgment and orders dated 03.11.2021 and 07.12.2021 are hereby set aside and reversed. The bail application of the revisionist stands allowed.

Let the revisionist, Farhan Siddiqui, through his natural guardian/ mother, Smt. Reshma be released on bail in Case Crime No. 378 of 2021, under Sections 147, 148, 149, 323, 324, 307, 34 IPC, Police Station Amroha Nagar, District Amroha, upon his mother furnishing a personal bond with two solvent sureties of her relatives each in the like amount to the satisfaction of the Juvenile Justice Board, Amroha, subject to the following conditions: