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RAVINDRA MAITHANI
A. T. (minor) – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
The challenge in this revision is made to the order dated 18.09.2023, passed in Bail Application No. 02 of 2023, by the Juvenile Justice Board (“the J J Board”), Champawat, by which the bail application of the revisionist has been rejected and order dated 16.01.2024, passed in Criminal Appeal No. 42 of 2023, AT Vs. State of Uttarakhand, by the Juvenile Court/Special Sessions Judge, Champawat, District Champawat (“the appeal”), whereby the appeal has been rejected and the bail rejection order dated 18.09.2023 has been affirmed. The revisionist is a Child-In-Conflict with Law (“the CIL”). He also seeks bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 28.11.2022, 2.985 Kg. charas was recovered from the CIL.
4. Learned counsel for the CIL would submit that the CIL is much poor; he has a family to look after him; his father would take care of him. He would also submit that though, he is resident of Nepal, they had their relations in India; they stay just across the river in the State of Nepal.
5. Learned counsel for the CIL would submit that he had spoken to the CIL in the observation home; he has learnt drawin
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 presumption of innocence are paramount in bail decisions for children in conflict with the law.
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 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 ....
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 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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