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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Tinkul Kumar S/o Pradeep Kumar Mehta – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. The present Criminal Revision No. 1036 of 2024 has beenfiled on behalf of the juvenile petitioner under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 challenging the judgment dated 27.07.2024 passed by learnedAdditional Sessions Judge I cum Children’s Court, Hazaribagh in Criminal Appeal No. 40 of 2024 whereby learned AdditionalSessions Judge I cum Children’s Court, Hazaribagh has dismissedthe appeal and rejected the prayer for bail of the juvenile petitioner and affirmed the order dated 10.06.2024 passed by the learned Principal Magistrate and the Members of Juvenile Justice Board, Hazaribag in connection with Barhi P. S. Case No. 94 of 2024 instituted for the offences under Sections 302 and 201 of the IndianPenal Code, by which prayer for bail of the juvenile petitioner was rejected.
2. Heard learned counsel for the juvenile petitioner and learned counsel for the State.
3. It is submitted by the learned counsel for the juvenile petitioner that the judgment and order passed by the learned Courts below are illegal, arbitrary and not sustainable in the law. It is submitted that the petitioner is a juvenile and has been falsely implicated i
The court emphasized that a juvenile petitioner should be granted bail if a co-accused in the same circumstances is granted bail, reflecting principles of fairness and equality in judicial treatment.
A juvenile-petitioner should be granted bail when a co-accused is similarly granted bail, unless exceptional circumstances dictate otherwise.
A juvenile's mental health and circumstances surrounding the case can influence sentencing and the decision to grant bail, particularly in cases involving allegations of consensual relationships.
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 court affirmed that substantial evidence, including confessions and witness testimonies, justified the denial of bail for a juvenile accused of murder, emphasizing the importance of maintaining i....
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