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RAVINDRA MAITHANI
XYZ – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAVINDRA MAITHANI, J.
1. The challenge in this revision is made to the followings:
(ii) Judgment and order dated 31.03.2023 passed in Criminal Appeal No. 14 of 2023, Gaurav Singh Martoliya alias Golu vs. State of Uttarakhand, by the Children Court/Sessions Judge, Pithoragarh, by which the appeal has been dismissed and the order dated 20.03.2023 passed in the case has been affirmed.
2. The revisionist is Child in Conflict with law (“CIL”). According to the FIR, on 05.03.2023, the revisionist along with the co-accused had gone to celebrate Holi festival. There they had a scuffle with the deceased Rajendra alias Raju Laspal. The FIR records that the deceased was pushed from the lodge of Rajendra Singh Rawat. He initially sustained serious injuries and thereafter succumbed to those injuries.
3. Heard learned counsel for the parties and perused the record.
4. Learned counsel for the revisionist would submit that the revisionist is a CIL; he has a family
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 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.
A Child in Conflict with Law is entitled to bail unless specific conditions under the Juvenile Justice Act are met, emphasizing family responsibility.
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 ....
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 ....
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 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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