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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Subhash Vidyarthi,J.
Arjun @ Golu – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Govt. Of U.P. – Respondent
| Table of Content |
|---|
| 1. right to oppose bail application and adjournments. (Para 1 , 2) |
| 2. details of the case and statements of the victim. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. importance of recognizing juvenile status in legal proceedings. (Para 10 , 13 , 14 , 15 , 16 , 17 , 19 , 20 , 21 , 22 , 23) |
| 4. order for bail and directives for judicial officers. (Para 11 , 12 , 25) |
| 5. procedural requirements for determining juvenile status. (Para 18 , 24) |
Hon’ble Subhash Vidyarthi J.
1. Sri Durgesh Mishra, the learned counsel for the informant has sent a slip seeking adjournment of the case on the ground of his illness.
2. The cause list shows the name of Ms. Saumya Singh as learned counsel for the informant and neither she is present to assist the Court nor any request has been made on her behalf for adjournment of the case. Complainant or victim of the case have a right to oppose the bail application but they do not have a right to stall hearing of the bail application more particularly, when the State counsel is present to oppose the bail application and more particularly when the applicant is a juvenile, therefore, request for adjournment of the bail application is turned down.
3. Heard Dr. Gyan Singh,
The court emphasized that a child in conflict with law must be treated with sensitivity, and the determination of juvenile status is crucial in criminal proceedings.
Juvenile Justice promotes rehabilitation over punishment; bail should not be denied absent clear risk factors.
Bail is a rule, imprisonment an exception; the right to liberty must be upheld unless substantial grounds justify denial.
The interests of the child must be prioritized in bail decisions, underlining the presumption of innocence for juveniles.
Under Section 12 JJ Act, 2015, bail to child presumed unless release risks criminal association, danger or defeats justice; granted due to long incarceration, positive Social Investigation Report, no....
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