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GITA GOPI
Pratipalsinh Gunvantsinh Jadeja Thro Gajraba Gunvantsinh Jadeja – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. RULE returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent – State.
2. This Revision Application has been filed by the child in conflict with law (hereinafter referred to in short as ‘CCL’), through his mother as Guardian, under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (hereinafter referred to in short as the ‘JJ Act’) challenging the order dated 06.08.2024 passed by the learned 2nd Additional Sessions Judge, Devbhumi Dwarka at Khambhalia in Criminal Appeal No.48 of 2024 and the order dated 24.07.2024 passed by the learned Principal Magistrate, Juvenile Justice Board, Khambhalia in Criminal Miscellaneous Application No.283 of 2024 whereby, the bail application/s of the child/juvenile in conflict with law came to be rejected.
3. The First Information Report (FIR) being C.R. No.11185001240661 of 2024 was registered on 11.07.2024 with Bhanvad Police Station, District Devbhumi Dwarka for the offences punishable under Sections 108, 115(2), 308(5) and 54 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to in short as ‘BNS’). The CCL is aged about 17 years.
4. The FIR not
The court established that a juvenile's involvement in a crime must be carefully evaluated, prioritizing rehabilitation and mental health over punitive measures.
Bail to child in conflict with law under Section 12 JJ Act is mandatory unless proviso exceptions (association with criminals, exposure to danger, defeat justice) apply with recorded reasonable groun....
Bail to child in conflict with law mandatory under Section 12 JJ Act unless proviso grounds proven by objective evidence; mere heinous offence gravity or vague danger apprehensions insufficient for d....
The gravity of the offence does not justify denying bail to a juvenile; specific findings must be recorded to demonstrate risk of moral danger or association with known criminals.
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