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FARJAND ALI
`S` – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. juvenile detainment without bail conditions must be justified. (Para 1 , 2) |
| 2. opposition argues against juvenile bail due to crime severity. (Para 3) |
| 3. release must be substantiated with appropriate risks shown. (Para 5 , 6) |
| 4. court grants bail under specific conditions according to law. (Para 8) |
ORDER :
Farjand Ali, J.
The juvenile 'S' son of Late Nacharam has been confined in connection with FIR No.124/2023 registered at Police Station Loonkarnsar, District Bikaner and is facing charges under Sections 457 and 380 of IPC. He is lodged at the Observation Home, Bikaner. 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, Bikaner vide order dated 19.06.2023. An appeal was preferred under Section 101 of the JUVENILE JUSTICE ACT , 2015 against the said order before the learned Judge, Children Court, Commission for Protection of Child Rights Act, 2005, Bikaner which also came to be dismissed vide order dated 16.09.2023 and the order passed by the learned Board was upheld. Aggrieved by the aforesaid two orders, the present revision petition has been fi
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.
Juveniles are entitled to bail under the Juvenile Justice Act unless substantial evidence suggests that release poses risks of criminal association or danger, regardless of the offence's nature.
Juveniles are entitled to bail under the Juvenile Justice Act unless there are compelling reasons to deny it, regardless of the offense's severity.
The main legal point established in the judgment is that the Juvenile Justice Act intends to grant bail to juveniles, and bail can only be denied in exceptional circumstances as specified in the Act.
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