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This revision is directed against the judgment and order dated 3.2.2022 passed by Additional District and Sessions Judge/Special Judge POCSO Act (Exclusive Court), Baghpat, J.O. Code-UP 2643 in Criminal Appeal No.70 of 2021 filed under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ''the Act') and affirming the order dated 1.12.2021 passed by Juvenile Justice Board, Baghpat refusing the bail plea to the revisionist in Misc. Case No.51 of 2021 arising out of Case Crime No.49 of 2021 under Section 363, 366, 376, 328 IPC and Section 3/4 POCSO Act, Police Station Binauli Distict Baghpat.

Learned counsel for the revisionist further submits that it is not in dispute that the revisionist is a juvenile as he already been declared juvenile by Juvenile Justice Board, Baghpat vide order dated 26.11.2021. The revisionist was a juvenile aged 17 years and 2 months on the date of occurrence. He is in jail since 10.3.2021 in connection with the present crime and has completed substantial period of sentence out of the maximum three years institutional incarceration permissible for a juvenile, under Section 18(1)(g) of the Act.

In the result, this revision succeeds and is allowed. The impugned judgment and order dated 3.2.2022 passed by Additional District and Sessions Judge/Special Judge POCSO Act (Exclusive Court), Baghpat, J.O. Code-UP 2643 in Criminal Appeal No.70 of 2021 and the order dated 1.12.2021 passed by Juvenile Justice Board, Baghpat in Misc. Case No.51 of 2021 arising out of Case Crime No.49 of 2021 under Section 363, 366, 376, 328 IPC and Section 3/4 POCSO Act, Police Station Binauli Distict Baghpat, are hereby set aside and reversed. The bail application of the revisionist stands allowed.

Let the revisionist, Suhaib through his natural guardian/Father Afsar be released on bail in Case Crime No. 49 of 2021 under Section 363, 366, 376, 328 IPC and Section 3/4 POCSO Act, Police Station Binauli Distict Baghpat 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, Baghpat subject to the following conditions:

(i) That the natural guardian of the revisionist will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the natural guardian will ensure that the juvenile will not repeat the offence.