IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani
X – Appellant
Versus
State of Uttarakhand – Respondent
Hon’ble Ravindra Maithani, J. (Oral)
The challenge in this revision is made to the followings:-
(i) The order dated 31.10.2020, passed by the Juvenile Justice Board, Champawat (“JJB”) in Bail Application No. 05 of 2023, X Vs. State, under Sections 376, 504, 506 IPC and Section 5j(ii)/6 of the Protection of Children from Sexual Offences Act, 2012 (“the Act”), Police Station Lohaghat, District Champawat of the revisionist has been rejected and;
(ii) The judgment and order dated 16.11.2023, passed in Criminal Appeal No.40 of 2023, by the Child Court/Special Session Judge, Champawat (“the Appeal”). By it, the appeal of the revisionist has been rejected and the order passed by the JJB has been upheld.
2. Heard learned counsel for the parties and perused the file.
3. The revisionist is a child in conflict with law (CIL).
4. According to the FIR, the CIL established physical relations with victim, a young girl of 16 years, due to which, she got pregnant. Her foetus was aborted.
5. Learned counsel for the CIL would submit that the CIL is in jail for more than six months. The prosecution story is not believable.
6. Learned State counsel would submit that the victim has supported the prosecution cas
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 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 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 reaffirmed that the principles of the Juvenile Justice Act must guide bail decisions, prioritizing the child's best interests and rehabilitation.
Bail to juvenile in conflict with law – All decisions regarding child shall be based on primary consideration that they are in best interest of child and to help child to develop full potential.
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 ....
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.
Children in conflict with law are presumed innocent, and their welfare must be prioritized in bail considerations.
The main legal point established is that the Juvenile Justice (Care and Protection of Children) Act, 2015 entitles juveniles to be released on bail, except in specific circumstances, and the denial o....
The main legal point established is that a juvenile is entitled to be released on bail except in specific circumstances as per Section 12 of the Juvenile Justice Act.
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