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2023 Supreme(UK) 386

RAVINDRA MAITHANI
X – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mani Kumar.
For the Respondents: B.P.S. Mer, Pranav Saxena.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. The challenge in this revision is made to the following:

    (i) Order dated 15.12.2022, passed in Bail Application No. 119 of 2022, State vs. X by the Juvenile Justice Board (“J.J. Board”), Udham Singh Nagar. By it, the bail application of the revisionist filed by his father has been rejected.

(ii) Judgment and order dated 10.01.2023, passed in Criminal Bail Appeal No. 290 of 2022, CIL vs. State of Uttarakhand by the court of FTC/Additional Sessions Judge, Special Judge, POCSO, Udham Singh Nagar (“the bail appeal”). By it, the bail appeal filed by the legal guardian/father of the revisionist has been dismissed.

2. The revisionist is a Child-In-Conflict with Law (“the CIL”). He seeks bail also.

3. According to the FIR, on 13.11.2022, at 9:30 in the morning, the CIL, the injured and his brother were playing. Subsequently, ensued in a fight ensued with the injured. In that process, according to the FIR, the CIL somehow fired at the injured with a country made pistol, due to which, he sustained injuries.

4. Learned counsel for the CIL would submit that CIL was a student of Class IXth. After his arrest, he could not joint his classes, therefore, his name has be

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