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CHANDRA KUMAR RAI
X-Juvenile – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding juvenile and charges (Para 1 , 2) |
| 2. court's observations on proceedings and parties' submissions (Para 3 , 4 , 7 , 8) |
| 3. arguments regarding the application and illegalities (Para 5 , 6) |
| 4. interpretation of section 12 of jj act, 2015 (Para 9 , 10) |
| 5. conditions for bail refusal and case law precedent (Para 11 , 12) |
| 6. social investigation report findings of the juvenile (Para 13 , 14) |
| 7. justification for granting bail based on previous cases (Para 15) |
| 8. final order granting bail to the juvenile (Para 16 , 17 , 18) |
JUDGMENT :
CHANDRA KUMAR RAI, J.
1. Heard Mr. Ali Hasan assisted by Mr. Istiyaq Ali learned counsel for the revisionist and Smt. Vijeta Srivastava, Advocate holding brief of Mr. Ashish Pandey, learned counsel for opposite party No. 2/Intelligence Officer, Narcotics Control Bureau, Lucknow.
2. The brief facts of the case are that a first information report has been lodged on 18.08.2021 against Chhote @ Mohd. Sahid Khan, Raju@ Saif, Saleem, Shoeb, Faim, Nasim, Wasim, Munna and Hasim which was registered as Case Crime No. 253 of 2021 under Sections 8 /21/29/30/22C/25/27A NDPS Act at Police Station-Fatehganj Purvi District-Bareilly wit
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....
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 ....
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 ....
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 ....
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....
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....
Juveniles are entitled to bail unless there is clear evidence of potential harm or criminal association, regardless of the offense's severity.
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