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GITA GOPI
Minor Manavbhai Bharatbhai Thakor Through Bharatbhai Bikhabhai Thakor – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. This Revision Application under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as “the Act”) is moved by the applicanta minor, through his father praying for to enlarge him on regular bail in connection with FIR no. 11192064220162/2022 registered with Dholka Rural Police Station, Ahmedabad Rural for the offence punishable under Sections 302, 201 and 114 of the IPC and Section 135 of the Gujarat Police Act.
2. Mr. Y.M. Thakore, learned advocate for the applicant submits that the juvenile in conflict with law at the time of the alleged offence was 15 years and 11 months and thus, states that he would be proceeded only before the Juvenile Justice Board, where the allegation against him is under Sections 302, 201 and 114 of the IPC. The allegation against the juvenile in conflict with law is that he had assisted another juvenile in conflict with law, aged about 17 years, who had inflicted knife blows on the deceased, where the allegation is that both the juveniles in conflict with law had called another accused – Shaileshbhai to assist them in disposing the dead body and accordingly, as per the allegation, Shaileshbhai
The main legal point established in the judgment is the need to consider the provisions of the Juvenile Justice Act, 2015, particularly Section 15 and 18, in bail applications for children in conflic....
The main legal point established is the exclusion of the provisions of the Cr.P.C. for bail applications of children in conflict with the law under Section 12 of the Juvenile Justice Act, emphasizing....
The main legal point established is the non-applicability of Section 439 of the Cr.P.C. for bail plea of a child in conflict with law under the Juvenile Justice Act.
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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