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FARJAND ALI
Su – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual background of juvenile detention (Para 1) |
| 2. arguments for and against bail (Para 2 , 3) |
| 3. court's reasoning on bail release. (Para 4) |
| 4. court's reasoning on bail release criteria (Para 5 , 6 , 7 , 8) |
| 5. final order for bail (Para 9) |
JUDGMENT :
Farjand Ali, J.
The juvenile petitioners herein have been confined in connection with FIR No. 185/2023 registered at Police Station Shergarh for the offences under Sections 3 63 , 387, 376-D of the IPC and Sections 3 and 4 of the POCSO Act. They are lodged at the Child Observation Home, Jodhpur. The bail application preferred under Section 12 of the JUVENILE JUSTICE ACT , 2015 by the juvenile through amicus curiae were dismissed by the learned Juvenile Justice Board, Jodhpur vide order dated 8.8.2023 and the appeals preferred under Section 101 of the JUVENILE JUSTICE ACT , 2015 against the said order before the learned learned Special Judge, POCSO Act Cases and the Commission for Protection of Child Rights Act, 2005 Cases, Bikaner also came to be dismissed vide orders dated 18.8.2023 and 10.8.2023 and the order passed by the learned Board was upheld. Aggrieved by the aforesaid orders, the instant revision petitions have
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 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 regardless of the offence's gravity unless exceptional circumstances indicate a threat to justice or safety.
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