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RAVINDRA MAITHANI
Nirmala – Appellant
Versus
State of Uttarakhand – Respondent
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
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 reaffirmed that the principles of the Juvenile Justice Act must guide bail decisions, prioritizing the child's best interests and rehabilitation.
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 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.
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 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 ....
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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