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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. challenging bail denial of cicl (Para 1 , 2 , 3 , 4) |
| 2. arguments on the lawfulness of bail refusal (Para 5 , 6) |
| 3. conditions for bail under j.j. act (Para 7 , 8 , 9 , 10) |
| 4. establishing legal standards for child bail (Para 11 , 12) |
| 5. analysis of court's bail refusal reasons (Para 13 , 14) |
| 6. outcome of revision petition and bail granted (Para 15 , 16 , 17 , 18) |
Judgment :
A.C. Behera, J.
1. 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 Child in Conflict with Law (in short 'CICL') being the petitioner challenging the dismissal order of the criminal appeal vide Criminal Appeal No.07 of 2024 passed on dated 27.06.2024 by the learned Additional District Judge-cum-Children's Court, Sundargarh confirming an order i.e. refusal of bail passed by Additional Juvenile Justice Board, Rourkela on dated 03.06.2024 in Special J.G.R. Case No.03 of 2024 arising out of Uditnagar P.S. Case No.199 of 2024.
2. The factual backgrounds of this revision under Section 102 of The J.J. (C&P) Act, 2015, which prompted the CICL(petitioner) for filing of the same is that, he (CICL/
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.
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....
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....
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.
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