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JITENDRA KUMAR
Nitish Kumar – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J. – The present Revision Petition has been preferred by the petitioner against the judgment dated 16.12.2020 passed by learned Special Judge (Children Court), Gaya in Criminal Appeal (Juvenile) No. 32 of 2019 (C.I.S) whereby learned Appellate Court has refused to enlarge the petitioner on bail.
2. The factual background of the case is that on the fardbeyan of one Gopal Sao dated 14.06.2018, Konch P.S. Case No. 195/2018 was registered on 14.06.2018 for the offences punishable under Sections 395, 376D, 397, 376(3) and 376(DA) of the Indian Penal Code and Section 6 of the POCSO Act, 2012 against ten unknown persons.
3. After investigation, charge-sheet bearing no. 192 of 2018 dated 06.09.2018 was filed under Section 395, 376D, 397, 376(3) and 376(DA) of the Indian Penal Code and Section 6 of the POCSO Act, 2012 against twelve accused persons including the appellant in the POCSO Court. On an application of the appellant herein, the POCSO Court sent the record of the Appellant vide order dated 15.12.2018 to the J.J. Board, Gaya for declaring him juvenile along with the xerox copy of the School Leaving Certificate filed by the Appellant.
4. Subsequently, learned J.J. Board,
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.
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.
Point of Law : It transpires that there was nothing to show any material or any substance for believing that the release of the revisionist is likely to bring him into association with any known crim....
The gravity of the offense is immaterial in deciding a juvenile's bail application, and bail cannot be rejected in a routine manner. A reasoned order is required when denying bail to a juvenile, and ....
The main legal point established in the judgment is that a juvenile, accused of a heinous crime, should be considered for bail under the provisions of Section 12 of the Juvenile Justice Act, taking i....
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