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SUBHASH CHAND
Rahul Kumar Mandal S/o Suresh Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SUBHASH CHAND, J.
1. The present criminal revision has been preferred against the order dated 29.09.2023 passed by the learned Additional Sessions Judge-I Giridih in Cr. Misc. Appeal No. 85 of 2023, whereby and whereunder, the learned appellate court refused to interfere with the order dated 26.08.2023 passed by the learned Principal Magistrate, Juvenile Justice Board, Giridih in connection with Bengabad P.S. Case No. 172 of 2023, wherein the prayer for bail of the petitioner has been rejected.
2. The brief facts leading to this Criminal Revision are that the FIR of this case was lodged by Shashi Singh, Officer-in-charge of Bengabad Police Station with these allegations that on 04.08.2023 at 13:30 O’clock, he had received secret information that in village Bansjor some cyber criminals were duping the persons of general public. On this very information, the Officer-in-charge of police station concerned reached at the indicated place along with the police force and found six persons. Out of them, four were managed to flee away and two were apprehended. It is further alleged that out of two apprehended persons, one was the petitioner and from his possession, two mobile phones
The court emphasized that the bail application of a juvenile must be considered under different parameters, focusing on the absence of specific evidence linking the juvenile to the alleged crime.
The principle of parity allows for the grant of bail to a juvenile when co-accused in the same case have been granted bail.
Juvenile bail applications must consider potential dangers and previous criminal associations, emphasizing protection against harm.
Bail to juveniles under JJ Act Section 12 is rule; denial only on three specific grounds, not offence seriousness or age, emphasizing rehabilitation over punishment.
The main legal point established in the judgment is the mandatory nature of bail for juveniles in conflict with the law, the requirement for reasonable grounds to deny bail, and the emphasis on the b....
The bail application of a juvenile should be allowed unless there are reasonable grounds to believe that the release would expose the juvenile to danger or defeat the ends of justice, as per Section ....
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