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SANJAY KUMAR PACHORI
X (Minor) Juvenile – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Sanjay Kumar Pachori, J.
Heard Sri Mayank Krishna S. Chandel, learned counsel for the revisionist and Sri Ghanshyam Kesarwani, learned A.G.A. for the State and perused the material available on record. No one has appeared on behalf of the opposite party No. 2, even in the revised call.
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, Banda in Criminal Appeal No. 23 of 2022, whereby the appellate Court has rejected the Criminal appeal and affirmed the order dated 19.4.2022 passed by Juvenile Justice Board, Banda. 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 Case Crime No. 29 of 2022, under Sections 376, 504, 506 of the Indian Penal Code (in short ''I.P.C.'') and Sections 3(1)(da), 3(1)(dha), 3(2)(v) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1
Juveniles are entitled to bail unless there is clear evidence of potential harm or criminal association, regardless of the offense's severity.
Juveniles are entitled to bail unless there is clear evidence of potential harm or criminal association, regardless of the severity of the alleged offense.
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....
Identity of the juvenile shall not be disclosed.
Juvenile disentitled to bail on account of his case falling under each of the three exceptions enumerated in the proviso to sub section (1) of Section 12, for which no reason has been indicated.
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 court established that under the Juvenile Justice Act, a juvenile is entitled to bail as a matter of course unless there are reasonable grounds to believe that their release would pose a danger t....
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 ....
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