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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Arvind Kumar Verma, J
Abc – Appellant
Versus
State Of Chhattisgarh Through District Magistrate Janjgir DistrictJanjgir-Champa – Respondent
Order :
(Arvind Kumar Verma, J.)
This Criminal Revision has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "J.J. Act") against the order impugned dated 06.06.2024 passed by the learned First Additional Sessions Judge, Janjgir-Champa in Criminal Appeal No. 54/2024 arising out of Crime No.17/2024 for commission of offences under Sections 363,302,201, 120-B, 147,148 and 149 of IPC whereby appeal has been dismissed and the order dated 24.04.2024, passed by the Principal Magistrate Juvenile Justice Board, Janjgir in Cr. Case No. 62/2024 rejecting the bail application of child in conflict with law has been affirmed.
2. As per prosecution case, on 09.01.2024, at about 12.30 p.m. complainant Mukund Yadav lodged a missing report alleging that his son namely Rajesh Yadav, student of class 11 went with one Deepak Tandon in his motorcycle to watch the cultural program at Godna and did not return. He was having suspicion that his son might have been abducted and therefore the report was lodged against unknown persons under Section 363 IPC. Thereafter on 12.01.2024, at about 10.00 pm. dead body of the his son was found ne
The court emphasized that the gravity of the offence alone does not justify denying bail to juveniles; potential dangers to society and the juvenile's welfare must be considered.
The main legal point established in the judgment is that the gravity of the offence, the welfare of the victim, and the concerns of society must be considered when deciding on bail for a juvenile in ....
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 under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
The gravity of the offence should not be a hindrance to refuse bail to a delinquent juvenile, but the nature of the crime, conduct of the accused, and the ends of justice should be considered while e....
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....
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