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SANJAY KUMAR PACHORI
X (Minor) – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Sanjay Kumar Pachori, J.-Heard Sri Kumar Kartikey, learned counsel for the revisionist, Sri Mir Sayed, learned counsel for the opposite party No. 2 and Sri Karunakar Singh, learned A.G.A. for the State and perused the material available on record.
2. The Present Criminal Revision has been preferred by the revisionist through his father under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as ''JJ Act, 2015'') against the judgment dated 10.6.2022 passed by Additional Sessions Judge/Special Judge (POCSO) Act, Court No. 1 Ghaziabad in Criminal Appeal No. 17 of 2022, whereby the appellate Court has rejected the Criminal appeal and affirmed the order dated 22.9.2021 passed by Juvenile Justice Board, Ghaziabad. The Juvenile Justice Board has rejected the bail application of the revisionist, which has been filed by his natural guardian/father, under Section 12 of ''JJ Act, 2015'' in Bail Application No. 146 of 2021 arising out of Case Crime No. 413 of 2021, under Sections 302, 201, 34 of the Indian Penal Code (in short ''I.P.C.''), Police Station-Tronica City, District-Ghaziabad.
3. Learned counsel for the revisionis
Juveniles are entitled to bail unless there is clear evidence of potential harm or criminal association, regardless of the severity of the alleged offense.
Bail to juvenile delinquent – Gravity of offence is not a relevant consideration for declining bail to juvenile.
Juveniles are entitled to bail unless there is clear evidence of potential harm or criminal association, regardless of the offense's severity.
Point of Law - It is necessary to point out that identity of the juvenile in the present matter has been disclosed in impugned judgment and order which violates the right to privacy and confidentiali....
Point of law: The rule in Section 12(1) of the Act is in favour of bail always to a juvenile/ child in conflict with law except when the case falls into one or the other categories denial contemplate....
Point of law: A perusal of the said provision show that bail for a juvenile, particularly, one who is under the age of 18 years, is a matter of course and it is only in the event that his case falls ....
The main legal point established in the judgment is that the Juvenile Justice Board must consider the mandatory provisions of the Juvenile Justice Act and make an objective assessment based on reason....
The central legal point established in the judgment is the right of a juvenile to be released on bail, considering the merits of the case and the equal protection of laws guaranteed under Article 14 ....
Indian Penal Code, 1860 - Sections 452, 392, 364, 376-D, 506 - POCSO Act, 2015 - Section 5G, 6, 12, 18(1)(g) – Criminal Procedural Code, 1973 - Section 161, 164 – Gang Rape – Kidnapping or abducting ....
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