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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
XX (Child in conflict with law) – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. juvenile accused in murder case; long custody since 2021 (Para 1 , 2 , 3 , 4) |
| 2. bail sought citing innocence, good conduct, reformative jj act (Para 5 , 6 , 7 , 8) |
| 3. state opposes bail due to grave offence, incriminating evidence (Para 9 , 10) |
| 4. section 12 jj act presumes bail absent specific risks (Para 11 , 12) |
| 5. no denial grounds; conduct, incarceration favor juvenile bail (Para 13 , 14 , 15 , 16) |
| 6. bail granted with guardian supervision, court conditions (Para 17 , 18) |
JUDGMENT :
Ashish Naithani, J.
1. The present second bail application has been moved on behalf of the Applicant, a child in conflict with law, seeking his enlargement on bail in connection with Case Crime No. 252 of 2021, under Sections 302 and 201 of the Indian Penal Code, 1860, Police Station Premnagar, District Dehradun. The Applicant has been in custody since 27.10.2021. The first bail application was withdrawn with liberty to file afresh and the present second bail application has been filed on fresh grounds.
2. It is pertinent to note that the first bail application (BA 1 No. 2478 of 2025) preferred by the present Applicant before this Court was dismissed as withdrawn with liberty to file afr
Under Section 12 JJ Act, 2015, bail to child presumed unless release risks criminal association, danger or defeats justice; granted due to long incarceration, positive Social Investigation Report, no....
Bail to child in conflict with law presumed under Section 12 of Juvenile Justice Act unless specific grounds exist; prolonged detention despite serious charges unwarranted absent exceptional circumst....
The best interest of the child is paramount in juvenile bail decisions, requiring substantial justification for denial, irrespective of the offense's gravity.
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
The seriousness of the crime alone is not sufficient to deny bail to a child in conflict with the law. Bail can be denied only if there are reasonable grounds to believe that release would bring the ....
The main legal point established in the judgment is the emphasis on reformation and rehabilitation of the child in conflict with the law, as provided under the Juvenile Justice Act, and the special n....
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