Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
ABC (Juvenile) – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. procedural history of juvenile's bail denials (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. parties argue crime severity versus presumption (Para 8 , 9) |
| 3. investigation links ccl to murder via cdr (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. section 12 mandates juvenile bail absent exceptions (Para 17 , 18 , 19 , 20 , 21) |
| 5. precedents demand evidence for bail exceptions (Para 23 , 24) |
| 6. principles prioritize child's best interest presumption (Para 25 , 26) |
| 7. no specific grounds sustain bail refusal (Para 27 , 28 , 29 , 30 , 31 , 32) |
| 8. bail granted with protective conditions (Para 33 , 34 , 35 , 36) |
Judgment :
Virender Singh, J.
Petitioner ABC, Child in Conflict with Law, (hereinafter referred to as ‘the CCL’) has filed the present criminal revision petition, under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as ‘the JJ Act’), read with Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), with a prayer to set aside the order, dated 24.03.2025, Annexure P2, passed by Juvenile Justice Board, Una (hereinafter referred to as the JJB’) and Order dated 17.05.2025 (Annexure P3),
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....
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
