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RAVINDRA MAITHANI
X – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Instant revision is preferred against the following:-
(i) Order dated 20.08.2022, passed in Bail Application No. 78 of 2022, State vs. X, by the court of Juvenile Justice Board, Haridwar (for short, 'JJ Board'). By it the bail application of the revisionist, who is a Child in Conflict with Law (for short, 'the CIL') has been rejected and;
(ii) Judgment and Order dated 20.08.2022, passed in Criminal Appeal No. 173 of 2022, X vs. State of Uttarakhand, by the court of District and Sessions Judge, Haridwar (for short, 'the appeal'). By which, order dated 20.08.2022 of the JJ Board has been upheld. The revisionist seeks bail.
2. According to the FIR, the CIL enticed the victim, a young girl of 16 years of age and did galat kaam with her.
3. Learned counsel for the CIL would submit that the CIL and the victim, both were in relationship. In her statement given to the Investigating Officer, the victim has revealed her relationship with the CIL and has stated that they both went together and established physical relations.
4. It is argued that the CIL has a family to look after; he is not a criminal; he may be given in the custody of his father, so that he may sta
The court established that under the Juvenile Justice Act, a Child-In-Conflict with Law is entitled to bail unless there are reasonable grounds to believe otherwise.
The primary responsibility of the biological family to care, nurture, and protect the child under the Juvenile Justice Act influenced the Court's decision to grant bail to the Child-In-Conflict with ....
Bail to a child in conflict with the law is a right under the Juvenile Justice Act unless there are compelling reasons to deny it, ensuring the child's welfare and societal interests are balanced.
The court established that the best interest of the child and family responsibility are paramount in bail decisions for children in conflict with the law.
The court established that the best interest of the child and presumption of innocence are paramount in bail decisions for children in conflict with the law.
The court reaffirmed that the principles of the Juvenile Justice Act must guide bail decisions, prioritizing the child's best interests and rehabilitation.
The main legal point established is that for a Child In Conflict With Law, bail is a rule, and all offenses are bailable unless specific reasons exist to deny it, as mandated by the Juvenile Justice ....
Bail to juvenile in conflict with law – All decisions regarding child shall be based on primary consideration that they are in best interest of child and to help child to develop full potential.
The presumption of innocence and the best interests of the child should guide bail decisions for children in conflict with the law.
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