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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 in custody for murder since 2021, trial ongoing. (Para 1 , 2 , 3 , 4) |
| 2. arguments: circumstantial evidence, good conduct, prolonged detention violates jj act. (Para 5 , 6 , 7 , 8) |
| 3. state opposes: grave offence risks justice ends. (Para 9 , 10) |
| 4. section 12 jj act presumes bail absent exceptional grounds. (Para 11 , 12 , 13) |
| 5. satisfactory sir, long incarceration favor reformation. (Para 14 , 15) |
| 6. bail granted on totality, with supervision conditions. (Para 16 , 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 The first bail application was withdrawn with liberty to file afresh and the present second bail application has been filed on fresh grounds.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first bail application (BA 1 No. 2478 of 2025) preferred by the present Applicant before this Court was dismissed as withdrawn with liberty to
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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