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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
XYZ – Appellant
Versus
State of H.P. – Respondent
Judgment :
Virender Singh, J.
Petitioner XYZ (Child in Conflict with Law) (hereinafter referred to as ‘the CCL’) has approached this Court under Section 102 of the Juvenile Justice (Care and Protection of Children) Act 2015, (hereinafter referred to as ‘the Act’), against the judgment dated 22.3.2024, passed by the learned Additional Special Judge, (Children Court), Chamba, Division Chamba, H.P. (hereinafter referred to as ‘the Appellate Court’), in Cr. Appeal No. 3 of 2024, titled as ‘Ms. Ruksana & others versus State of H.P.’, whereby the appeal filed by the CCL against the order passed by the learned Juvenile Justice Board, Chamba, District Chamba, H.P., (hereinafter referred to as ‘the JJB’), in bail application No. 175/2023, titled as, ‘Applicant No. 1(Name withheld) & others versus State of H.P.’, dated 16.12.2023, has been upheld.
2. As per the pleadings, CCL alongwith two other minors, were arrayed as accused in a case under Sections 302, 201, 120B and 34 IPC, vide FIR No. 38 of 2023, dated 9.6.2023, registered with Police Station, Kihar, District Chamba, H.P.
3. The said FIR has been registered at the instance of one Raju, S/o Balak. After registration of the FIR, Police has i
Bail to child in conflict with law mandatory under Section 12 JJ Act unless proviso grounds proven by objective evidence; mere heinous offence gravity or vague danger apprehensions insufficient for d....
The gravity of the offence does not justify denying bail to a juvenile; specific findings must be recorded to demonstrate risk of moral danger or association with known criminals.
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
Rejection of bail for juveniles must be based on proven risk factors, not just the seriousness of the charge; rehabilitation is prioritized under juvenile law.
Bail for a Child in Conflict with Law is the rule, and refusal is exceptional, requiring clear evidence of potential danger or interference with justice per Section 12 of the Juvenile Justice Act.
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