CHILD IN CONFLICT WITH LAW X vs STATE OF UTTARAKHAND

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Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS


CRLR/435/2026


Child In Conflict With Law X
--Revisionist

Versus

State Of Uttarakhand
--Respondent


Hon’ble Alok Mahra, J.

Mohd. Safdar, Advocate for the
revisionist.
Mr. S.S. Chauhan, Deputy Advocate
General and Mr. Vikas Uniyal, Brief Holder
for the State of Uttarakhand.

2. The present Criminal Revision has been
preferred under Section 102 of the Juvenile
Justice (Care and Protection of Children) Act,
2015, challenging the judgment and order
dated 18.02.2025, passed by learned
Additional Sessions Judge/F.T.C. (POCSO),
Haridwar, District Haridwar, in Criminal
Appeal No. 15 of 2025, in respect of offences
punishable under Sections 302, 201 and 34
of the Indian Penal Code, registered at Police
Station Kaliyar, District Haridwar, whereby
the learned Appellate Court has affirmed the
order dated 01.02.2025, passed by learned
Juvenile Justice Board, District Haridwar,
and has further rejected the bail application
preferred by the revisionist.

3. It is argued by the learned counsel for
the revisionist that revisionist, at the time of
incident, was juvenile and there are in total
21 prosecution witnesses and uptil date, only
5 prosecution witnesses have been examined
and as per the prosecution, three prosecution
witnesses have been declared hostile. He
submits that PW3 Asif @ Anna was declared

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hostile on 28.04.2026, thereafter, PW4 – Saif
Ali was declared hostile on 22.06.2026 and
another prosecution witness, who is eye
witness namely PW5 - Asad Irshad was also
declared hostile on 04.07.2026. He further
submits that informant of the incident Umed
PW2 was also declared hostile by the trial
court. He further submits that still there are
16 prosecution witnesses has to be examined,
therefore, there is no possibility that the trial
will be expedited soon.

4. Apart from this, he submits that
revisionist is languishing in jail since
12.02.2024 i.e. for almost last more than 2 ½
years and there is no substantial progress in
the trial.

5. On the other side, learned State
Counsel submits that after collecting all
credible evidence, charge sheet has been filed
and merely some prosecution witnesses have
been declared hostile does not mean that
revisionist is not involved in the commission
of offence and all these aspect are subject
matter of the trial and there are other
material against the present revisionist,
therefore, it cannot be presumed that
revisionist is innocent. However, learned
State Counsel have not disputed that the
applicant is languishing in jail since
12.02.2024 and there is no substantial
progress in the trial and at the time of
incident, applicant was juvenile though he is
tried as an adult in Children Court.

6. After hearing the learned counsel for
the parties and taking into consideration that
the revisionist suffered long incarceration of
more than 2 ½ years, as he is languishing in
jail since 12.02.2024 and out of 5 prosecution
witnesses, 3 prosecution witnesses have been
declared hostile, and even otherwise, there is
no substantial progress in the trial, this
Court is of the view that the applicant
deserves bail.

7. In view of the aforesaid, the present

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Criminal Revision deserves to be allowed.
Consequently, the present Criminal Revision
is allowed. The judgment dated 18.02.2025,
passed by learned Additional Sessions
Judge/F.T.C. (POCSO), Haridwar in Criminal
Appeal No. 15 of 2025 and the order dated
01.02.2025, passed by learned Juvenile
Justice Board, District Haridwar are hereby
set aside.

8. Let the revisionist, be released on bail
upon her father/natural guardian furnishing
a personal bond with two reliable sureties in
the like amount to the satisfaction of the
Juvenile Justice Board concerned, subject to
the following conditions:
(i) The father/natural guardian of the
revisionist shall furnish an undertaking that
the revisionist shall pursue his studies.
(ii) The father/natural guardian of the
revisionist shall furnish an undertaking that,
upon release on bail, the revisionist shall not
be permitted to come into contact with any
known criminal.
(iii) The father/natural guardian shall ensure
that the revisionist does not indulge in any
criminal activity and shall keep proper care
and supervision over him.
(iv) The revisionist shall cooperate with the
proceedings pending before the Juvenile
Justice Board concerned and shall appear
before the Board on each date fixed, unless
his personal appearance is specifically
exempted.



(Alok Mahra, J.)
09.09.2026
Arpan












ARPAN
JAISWAL
Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73
93398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446
351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL
Date: 2026.09.09 16:08:48 +05'30'

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