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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
ABC (Juvenile) – Appellant
Versus
State of Himachal Pradesh – Respondent
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), passed by the Court of learned Sessions Judge (Children’s Court) Una, District Una (hereinafter referred to as ‘the appellate Court’), with a prayer to release the petitioner on bail, in a case arising out of FIR No.59/2025, dated 26.02.2025, under Sections 140(3), 103 and 61(2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’).
2. According to the applicant, she is innocent person and has falsely been shown to be involved in the crime in question. The allegations against her are that she, along with Manpreet Singh, Vansh Sharma, Keshav Thakur, Shivam @ Chhotia and Ritik and others h
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.
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
Bail for minors is the rule, and its denial must be justified with clear evidence of risk or harm, not merely based on allegation severity.
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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