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VIVEK RUSIA
Girdhar – Appellant
Versus
State of M. P. – Respondent
JUDGMENT :
Vivek Rusia, J.
1. Heard.
2. The applicant who is a child in conflict with the law has filed the present petition under section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 against the order dated 27.11.2020 passed by the Juvenile Justice Board and also against the order dated 4.1.21 passed by the Additional Sessions Judge, Khargone whereby he has been denied the benefit of bail.
3. The facts of the case in short are as under:
As per the prosecution story on 19.09.2020 deceased Pannalal S/o. Kashiram was working in his field. The present applicant came there for grazing goats. On a petty issue, the applicant is alleged to have given a stick blow on the back of the deceased Pannalal. He fell and became unconscious. His relatives took him to the Govt. hospital, Kasrawad where he was declared dead. On the basis of the investigation and Marg a criminal case (Crime No. 451/2020) for the offence under section 302 IPC was registered against the present applicant. His statement under section 27 of the Evidence Act was recorded. The stick was also recovered on his disclosure. The charge sheet has been filed.
4. For taking the custody of the child an application
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 presumption of innocence and the best interests of the child should guide bail decisions for children in conflict with the law.
The best interest of the child is paramount in juvenile bail decisions, requiring substantial justification for denial, irrespective of the offense's gravity.
Children in conflict with law are presumed innocent, and their welfare must be prioritized in bail considerations.
The gravity of the offense alone cannot be the sole consideration for denying bail to a juvenile under the Juvenile Justice Act.
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