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FARJAND ALI
V S/o Sh. Ramswaroop – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. overview of the juvenile's charges and legal context. (Para 1) |
| 2. arguments for bail based on juvenile's role. (Para 2) |
| 3. opposition to bail citing serious charges. (Para 3) |
| 4. legal standards for releasing juveniles on bail. (Para 5 , 6) |
| 5. court's opinion on granting bail. (Para 7 , 8) |
| 6. final order to grant bail with conditions. (Para 9) |
ORDER :
Farjand Ali, J.
The juvenile 'V' son of Shri Ramswaroop has been confined in connection with FIR No.293/2020 registered at Police Station Naya Sahar, District Bikaner and is facing charges under Sections 302 , 212, 34 read with Section 12 0-B of the IPC. He is lodged at the Child 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 24.04.2023. An appeal was preferred under Section 101 of the JUVENILE JUSTICE ACT , 2015 against the said order before the learned learned Children's Court, the Commission for Protection of Child Rights Act, 2005 Cases, Bikaner, which also came to be dismissed vide order dated 27.04.2023 and the order passed by the learned Boar
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.
Juveniles are entitled to bail unless the prosecution demonstrates substantial grounds for denial, irrespective of the offence's nature.
The Juvenile Justice Act mandates bail for juveniles, unless there are reasonable grounds to believe that release would bring the juvenile into association with known criminals or expose them to dang....
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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