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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Adarsh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
Heard learned counsel for the petitioner (juvenile- through his natural guardian) as well as learned Public Prosecutor.
2. The allegation against the petitioner is of offence under Sections 333, 87, 305-A and 3(5) of BNS. The bail application filed by the petitioner under Section 12 of the Juvenile Justice Act, 2015 before learned Principal Magistrate, Juvenile Justice Board, Hanumangarh was rejected vide order dated 16.12.2024. Being aggrieved by the said order, an appeal was filed by the petitioner before the learned Special Judge, Commission for Protection of Child Rights Act, 2005, District Hanumangarh and the same has been dismissed by learned Appellate Court vide impugned order dated 20.12.2024.
3. Being aggrieved of the orders dated 16.12.2024 and 20.12.2024 passed by the Courts below, the petitioner has preferred this revision petition before this Court.
4. Counsel for the petitioner submits that challan of the case has already been presented and no investigation is pending against the petitioner. Furthermore, there is no evidence to show that if the juvenile-petitioner is released on bail, then his release is likely to bring him into association
Juveniles are entitled to bail under Section 12 of the Juvenile Justice Act, 2015, unless there are reasonable grounds to believe that their release would endanger justice or expose them to harm.
Juveniles are entitled to bail regardless of the offence's gravity unless exceptional circumstances indicate a threat to justice or safety.
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....
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.
Juveniles are entitled to bail under the Juvenile Justice Act, 2015, unless exceptional circumstances warrant denial.
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