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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
XYZ – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. procedural history of bail denials in juvenile murder case. (Para 1 , 2 , 3 , 4) |
| 2. petitioner's contentions: invalid grounds, procedural lapses, undertakings. (Para 5 , 6 , 7 , 14 , 15 , 16 , 17) |
| 3. facts of victim's disappearance and murder discovery. (Para 8 , 9 , 10 , 11) |
| 4. lower courts' reliance on threat and heinous offence. (Para 12 , 13 , 18 , 19 , 21) |
| 5. section 12 mandates bail unless specific exceptions proven. (Para 20 , 22 , 23 , 24 , 26) |
| 6. precedents require objective evidence for bail denial. (Para 25 , 27) |
| 7. child's best interest, innocence presumption override gravity. (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 8. orders set aside; bail granted with conditions. (Para 35 , 36 , 37 , 38) |
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, titl
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....
Bail to child in conflict with law under Section 12 JJ Act is mandatory unless proviso exceptions (association with criminals, exposure to danger, defeat justice) apply with recorded reasonable groun....
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.
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