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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG
A., S/o. Sona Ram, Through Natural Guardina His Father Shri Sona S/o Shri Idan Ram – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. facts of the case concerning juvenile bail (Para 2 , 3) |
| 2. arguments regarding juvenile's entitlement to bail (Para 4 , 5) |
| 3. court's analysis of legislative intent for juvenile bail (Para 6 , 7 , 8 , 9) |
| 4. final ruling allowing bail to the juvenile (Para 10 , 11) |
Order :
MANOJ KUMAR GARG, J.
Heard learned counsel for the petitioner (juvenile- through his natural guardian father Shri Sona Ram) as well as learned Public Prosecutor and counsel for the respondent No.2.
2. The allegation against the petitioner is of offence under Sections 3 76(2)(i), 384 of IPC and Section 3 /4 POCSO Act and Section 67 of I.T. Act. The bail application filed by the petitioner under Section 12 of the Act of 2015 before Principal Magistrate, Juvenile Justice Board, Jalore was rejected vide order dated 05.03.2025. Being aggrieved by the said order, an appeal was filed by the petitioner before the learned Special Court, Protection of Children from Sexual Offence Act, 2012 & Commission for Protection of Child Rights Act, 2005 Jalore, and the same has been dismissed by learned Appellate Court vide impugned order dated 11.03.2025.
3. Being aggrieved of the orders dated 05.03.2025 and 11.03.2025 pas
Juveniles are entitled to bail regardless of the offence's gravity unless exceptional circumstances indicate a threat to justice or safety.
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 under the Juvenile Justice Act unless there are compelling reasons to deny it, regardless of the offense's severity.
Juveniles are entitled to bail under the Juvenile Justice Act, 2015, unless exceptional circumstances warrant denial.
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....
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