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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Rabindra Majhi @ Rabi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the appeal (Para 1 , 2) |
| 2. court's observations on the cicl's case (Para 3 , 8 , 9 , 12 , 13) |
| 3. arguments regarding bail refusal criteria (Para 4 , 5 , 6) |
| 4. legal ratio concerning bail principles (Para 7 , 10) |
| 5. final conclusion and order on bail (Para 14 , 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 16.08.2023 by the learned Special Judge(POCSO)-cum-Additional Sessions Judge, Bhubaneswar in C.T. No.220 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, he(CICL) was brought before the Principal Magistrate, Juvenile Justice Board, Khordha on dated 11.04.2023 relating to his involvement in an incident that, he(CICL) along with others had participated in that incident on dated 10.04.2023 near his house and in such incident, one person died. Thereafter, the said matter was reported at Nirakarpur Pol
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.
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....
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 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.
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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