Lucknow, September 11 - The Allahabad High Court’s Lucknow Bench has granted bail to a 15-year-old boy accused under the Protection of Children from Sexual Offences (POCSO) Act. Justice Saurabh Lavania delivered the order, setting aside earlier rulings that had kept the minor behind bars for nearly a year and a half.
Background
The case stems from a March 2024 incident in Sultanpur district, where the boy—referred to as “Juvenile X” to protect his identity—was booked under Indian Penal Code sections 363 (kidnapping) and 376 (rape), along with sections 5M and 6 of the POCSO Act. His bail pleas were earlier rejected by the Juvenile Justice Board and later by an appellate court. At the time of the alleged offence, he was about 15 years and eight months old.
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During the hearing, the bench noted that the boy had already spent around 18 months in custody, while the trial showed no signs of concluding soon. “Liberty guaranteed by the Constitution includes a right to speedy trial,” the court reminded, echoing Supreme Court rulings in Union of India vs. K.A. Najeeb and Paras Ram Vishnoi vs. Director General, Bureau of Investigation.
The defence argued that medical examinations found no injuries on the complainant and that the prosecution’s story lacked supporting evidence. The Additional Government Advocate, while maintaining there was evidence on record, did not dispute the long incarceration.
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Decision
Finding “force in the revision,” Justice Lavania set aside the Sultanpur appellate order dated July 22, 2024, and the Juvenile Justice Board’s earlier refusal of bail. The minor will be released after his natural guardian executes a personal bond and two sureties. Conditions include monthly appearances before the District Probation Officer for one year and a written undertaking that he will avoid unlawful activities and not influence witnesses.
Case: Juvenile X (Minor) through Father vs State of Uttar Pradesh & Others
Appeal/Revision No.: Criminal Revision No. 955 of 2024
Date of Judgment: 11 September 2025
