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2022 Supreme(UK) 485

RAVINDRA MAITHANI
Nirmala – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
Vaibhav Singh Chauhan, Advocate, Lalit Miglani, Advocate

JUDGMENT

Ravindra Maithani, J. - The challenge in this revision is made to the followings:-

    (i) The order dated 29.09.2022 passed in the Second Bail Application No. 123 of 2022, by the Juvenile Justice Board ('the JJ Board'), Haridwar, by which the second bail application of the revisionist seeking bail in FIR No. 733 of 2022 under Section 366A IPC and Section 16/17 of the Protection of Children from Sexual Offences Act, 2012, P.S. Bhagwanpur, District Haridwar, has been rejected; and

    (ii) The judgment and order dated 19.10.2022 passed in Criminal Appeal No. 221 of 2022, Nirmala v. State of Uttarakhand, by the learned District & Sessions Judge, Haridwar, by which the bail rejection order dated 29.09.2022 passed by the JJ Board has been affirmed.

    2. The revisionist is a Child-In-Conflict with Law ('the CIL'). She also seeks bail.

    3. According to the FIR, the CIL took the victim, a young girl of 13 years of age, in a garden. There she left the victim in the company of the co-accused, who raped the victim.

    4. It is argued that the CIL did not commit any offence; she is a young girl; she does not know what had happened; she has no role in any act that has allegedly been committed by the co-a

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