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J. K. MAHESHWARI, ATUL S. CHANDURKAR
Juvenile Delinquent – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. bail application and juvenile status acknowledgment. (Para 2 , 4 , 5 , 6) |
| 2. court's concern regarding juvenile's trial as adult. (Para 3 , 12 , 13 , 21) |
| 3. systemic failures regarding juvenile treatment. (Para 7 , 8 , 9 , 11 , 14) |
| 4. jj act provisions and juvenile's rights. (Para 10 , 15 , 16 , 19 , 20) |
| 5. action needed for systemic reform in juvenile justice. (Para 22 , 24 , 26) |
| 6. criminal appeal allowed. (Para 27) |
JUDGMENT :
J.K. MAHESHWARI, J.
1. Leave granted.
2. The present Appeal has been preferred assailing the order dated 20.05.2025 passed by the High Court of Judicature at Allahabad (hereinafter, ‘High Court’) in Criminal Revision No. 1491/2024 whereby the Revision against rejection of Appellant’s bail application was dismissed.
3. The High Court, in the order impugned, has observed as thus -
The detention of a juvenile in an adult jail after being declared a juvenile contravenes the Juvenile Justice Act and constitutes a violation of constitutional rights, necessitating immediate correct....
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
Bail for juveniles is mandatory unless specific grounds exist showing that release may harm their welfare or obstruct justice, emphasizing rehabilitation over punishment.
Rejection of bail for juveniles must be based on proven risk factors, not just the seriousness of the charge; rehabilitation is prioritized under juvenile law.
Bail should generally be granted to juveniles, with serious offenses not excluding this unless specific safety or justice concerns arise. Emphasis on rehabilitation within the juvenile justice system....
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
The main legal point established in the judgment is that the Juvenile Justice Board must consider the mandatory provisions of the Juvenile Justice Act and make an objective assessment based on reason....
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