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RAVINDRA MAITHANI
X – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Ravindra Maithani, J.) :
Instant revision is preferred against the following:-
(ii) Judgment and Order dated 10.01.2024, passed in Criminal Bail Appeal No. 216 of 2023, X vs. State of Uttarakhand, by the court of Juvenile Court/FTC/Additional Sessions Judge/Special Judge (POCSO), Rudrapur, District Udham Singh Nagar (for short, “the appeal”). By which, order dated 16.12.2023 of the JJ Board has been upheld. The revisionist seeks bail.
2. According to the FIR, there was a dispute between the family of the informant and the family of the CIL with regard to money. On 06.10.2023, at 03:00 PM, the CIL along with the co-accused attacked the deceased due to which, he sustained injuries and subsequently, he died.
3. Learned counsel for the revisionist would submit that the revisionist had no role in the case and he had not been assigned any role. He has no criminal antecedent; his mother wants to ta
A Child in Conflict with Law is entitled to bail unless specific conditions under the Juvenile Justice Act are met, emphasizing family responsibility.
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.
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 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 gravity of the offence does not justify denying bail to a juvenile; specific findings must be recorded to demonstrate risk of moral danger or association with known criminals.
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