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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Bikash Palei @ Sankur – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. description of case and background (Para 1 , 2 , 3 , 4) |
| 2. arguments against denial of bail (Para 5 , 6 , 7 , 8 , 9) |
| 3. court's reasoning on bail standards (Para 11) |
| 4. decision in favor of petitioner (Para 12 , 13) |
| 5. final order and directives (Para 14 , 15 , 16 , 17) |
JUDGMENT :
A.C. Behera, J.
1. This is a criminal revision, which has been filed under Section 102 of the J.J. (C&P) Act, 2015 by the petitioner (CICL) against the judgment of dismissal of Crl. Appeal No.36 of 2024 passed on dated 30.04.2024 by the learned 4th Additional Sessions Judge-cum-Children’s Court, Bhubaneswar confirming an order of refusal of bail of the petitioner (CICL) passed on dated 18.04.2024 by the PMJJB, Bhubaneswar in JGR No.47 of 2024 arising out of Balipatna P.S. Case No.160 of 2024.
2. The factual backgrounds of this revision, which prompted the petitioner (CICL) for filing of the same is that, on the basis of written report lodged by the wife of the deceased Akshaya Kumar Majhi at Balipatna Police Station on dated 18.03.2024 alleging the killing of her husband on dated 17.03.2024 at about 8:30 P.M. by some persons named in that written report involving the petitioner (CICL) with th
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 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 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.
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.
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.
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....
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....
The presumption of innocence and the best interests of the child should guide bail decisions for children in conflict with the law.
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....
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