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FARJAND ALI
X – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The juvenile X son of Noor Mohammad has been confined in connection with FIR No.45/2022 registered at Police Station Badi Khatu, District Nagaur and is facing charges under Section 354-D, 450, 376 IPC and Section 3/4, 11/12 of the POCSO Act. He is lodged at the Child Observation Home, Nagaur. The bail application preferred under Section 12 of the Juvenile Justice Act, 2015 by the juvenile through amicus curiae was dismissed by the learned Juvenile Justice Board, Nagaur vide order dated 28.03.2023. An appeal was preferred under Section 101 of the Juvenile Justice Act, 2015 against the said order before the learned Special Judge, POCSO Act Cases, Nagaur which also came to be dismissed vide order dated 06.04.2023 and the order passed by the learned Board was upheld. Aggrieved by the aforesaid two orders, the present revision petition has been filed under Section 102 of the Juvenile Justice Act read with Section 397/401 of the Cr.P.C.
2. Learned counsel for the juvenile-petitioner submits that the Juvenile Justice Board as well as the learned court below has grossly erred in rejecting the bail application of the juvenilepetitioner. They have failed to consider the correct factua
A juvenile is entitled to bail under the Juvenile Justice Act unless compelling evidence suggests otherwise, focusing on the juvenile's welfare.
Juveniles are entitled to bail regardless of the offence's gravity unless exceptional circumstances indicate a threat to justice or safety.
A delinquent juvenile must be granted bail under the Juvenile Justice Act unless the prosecution provides evidence of potential harm or risk that release may cause.
A juvenile is entitled to bail unless there is clear evidence of potential harm or risk associated with their release, regardless of the offence's severity.
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