In this criminal revision, the High Court allowed the bail plea of a juvenile accused who had been denied bail by lower courts. The court held that reject
The impugned orders rejecting bail were set aside and the juvenile accused was released on bail in the custody of his father upon furnishing a bond and undertaking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 23
Case :- CRIMINAL REVISION No. - 585 of 2019
Revisionist :- Ajay Rajbhar (Minor) Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Bhaiya Ghanshyam Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
prayer for bail but he could not dispute the factam of juvenility of the accused-revisionist.
"12 Bail of Juvenile.--(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person but he shall not be so released if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail under sub-section (1) by the officer in-charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.
(3) When such person is not released on bail under subsection(1) by the Board, it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of inquiry regarding him as may be specified in the order."
of U.P. [2010 (71) ACC 255 (Alld) , this Court has observed that seriousness of offence is no ground to reject the bail to a juvenile.
Order Date :- 18.4.2019 Akram
2 issues framed by the court
Whether the rejection of bail to a juvenile accused of heinous offences can be justified under Section 12 of the Juvenile Justice Act.
Whether the seriousness of the offence is a valid ground to refuse bail to a juvenile.
Colour shows how this judgement treated each authority
Amit Kumar Vs. State of U.P.Referred¶18
[2010 (71) ACC 209 (Alld)]
Naurang (minor) Vs. State of U.P.Referred¶18
[2010 (71) ACC 255 (Alld)]
1 provisions across 1 enactments
Ajay Rajbhar (Minor)
State Of U.P.
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
