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RAVINDRA MAITHANI
X – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAVINDRA MAITHANI, J.
1. The challenge in this revision is made to the following:
(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
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 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 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 ....
Children in conflict with law are presumed innocent, and their welfare must be prioritized in bail considerations.
A child in conflict with law should be presumed innocent, and release on bail is prioritized for their best interest unless clear evidence suggests otherwise.
The presumption of innocence and the best interests of the child should guide bail decisions for children in conflict with the law.
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 jurisprudence regarding bail for children in conflict with the law emphasizes rehabilitation over punitive measures, guided by the best interest principle.
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