Back
FARJAND ALI
X – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. juvenile's confinement status (Para 1) |
| 2. arguments for and against bail (Para 2 , 3) |
| 3. court's reasoning on juvenile bail rights (Para 4 , 5 , 6) |
| 4. final ruling and order on bail (Para 7 , 8) |
ORDER :
Farjand Ali, J.
The juvenile X S/o K has been confined in connection with FIR No.71/2019 registered at Police Station Swaroopganj, Sirohi and is facing charges under Sections 3 /4 of POCSO Act. He is lodged at the Child Observation Home, Sirohi. The bail application preferred under Section 12 of the JUVENILE JUSTICE ACT , 2015 by the juvenile through amicus curiae was dismissed by the learned Principle Magistrate, Juvenile Justice Board, Sirohi vide order dated 25.02.2022. An appeal was preferred under Section 101 of the JUVENILE JUSTICE ACT , 2015 against the said order before the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 & Child Right Protection Commission Act, 2005) Sirohi which also came to be dismissed vide order dated 28.04.2023 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 3
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.
A juvenile is entitled to bail under the Juvenile Justice Act unless compelling evidence suggests otherwise, focusing on the juvenile's welfare.
The court applied Section 12 of the Juvenile Justice Act to grant bail to the child in conflict with law, emphasizing the satisfaction of the Act's conditions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
