Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Dipu Mahanta – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge of bail rejection order (Para 1 , 2 , 3 , 4 , 5) |
| 2. hearing without aggrieved person participation (Para 6 , 7) |
| 3. criteria for denying bail under j.j.(c&p) act (Para 8 , 9 , 10) |
| 4. propositions of law regarding bail for cicl (Para 11) |
| 5. insufficient grounds for bail rejection (Para 12 , 13) |
| 6. allowing bail and setting aside previous orders (Para 14 , 15 , 16 , 17) |
JUDGMENT :
This revision has been filed under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 (in short the 'J.J.(C&P) Act, 2015') by the CICL being the petitioner challenging the dismissal order of the criminal appeal vide Criminal Appeal No.05 of 2024 passed on dated 17.05.2024 by the learned Additional Sessions Judge-cum-Children's Court, Keonjhar confirming the order of rejection of bail of the CICL (petitioner in this revision) passed on dated 18.04.2024 by the Juvenile Justice Board, Keonjhar in JJC Case No.30 of 2024 arising out of Jhumpura P.S. Case No.104 of 2024.
3. For which, he (CICL) challenged the said order of rejection of his bail passed on 18.04.2024 by the Juvenile Justice Board in J.J.C. Case No.30 of 2024 by preferring an appeal under Section 101
Bail for children under the Juvenile Justice Act is a rule, not an exception; denial requires clear justification based on evidence of harm or risk, independent of accusation severity.
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 minors is the rule, and its denial must be justified with clear evidence of risk or harm, not merely based on allegation severity.
Bail for children in conflict with the law is the rule, denial requires substantial evidence meeting specific statutory criteria; absence of such justifies reversal of a bail denial decision.
Denial of bail to a Child in Conflict with Law requires substantial grounds; mere seriousness of allegations is insufficient if statutory criteria are not met.
The central legal point established in the judgment is the importance of considering the absence of reasonable grounds for believing that a juvenile's release would bring him into association with kn....
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.
If the juvenile is released on bail, he will be exposed to moral, physical or psychological danger and confirmed the order of the Juvenile Justice Board and rejected the appeal of the juvenile.
The main legal point established is that the bail application of a juvenile accused of a heinous offence should be governed by Section 12 of the Juvenile Justice Act, 2015, and the court has the auth....
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
