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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
CICL(Child in Conflict with Law) – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge against bail rejection order. (Para 1 , 2) |
| 2. criteria for juvenile bail denial. (Para 4 , 5 , 6 , 7 , 8) |
| 3. precedents on juvenile bail issues. (Para 10 , 11) |
| 4. issues with the impugned order's legality. (Para 12 , 13 , 14) |
| 5. appeal is allowed; cicl is granted bail. (Para 15 , 16 , 17 , 18 , 19) |
Judgment :
A.C. Behera, J.
1. This is an appeal under Section 101 (5) of the Juvenile Justice (Care and Protection) Act, 2015 (in short „the JJ(C&P) Act, 2015), which has been preferred by the appellant(CICL) challenging the rejection order of his bail passed on dated 11.03.2024 by the learned Additional Sessions Judge-cum-Special Judge(Children's Court), Bhawanipatna in J.C.T. No.51 of 2023 arising out of Biswanathpur P.S. Case No.96 of 2023.
2. The factual backgrounds of this appeal under Section 101 (5) of the J.J.(C&P) Act, 2015, which prompted the CICL for preferring the same is that, when as per order dated 11.03.2024 in J.C.T. Case No.51 of 2023, the learned Additional Sessions Judge-cum-Special Judge(Children's Court), Bhawanipatna rejected the bail application of the CICL assigning the reasons that,
“the CICL(appellant) was involved in the situations/circum
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.
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.
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.
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 for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
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 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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